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After 166 days of wrongful detention, the head of the enterprise was finally awarded criminal compensation by the State
Released on:2022-05-31

In April 2021, entrepreneur W was criminally detained and subsequently charged with three crimes involving over 100 million dollars. After Mr. Xu's intervention, he actively carried out defense work and knocked out all the charges. 2021 after the successful acquittal defense, in 2022 the client continued to entrust Mr. Xu to represent him in the state compensation and was successfully awarded the compensation.

In this case, W was wrongfully detained for a total of 166 days. According to the State Compensation Law of the People's Republic of China, the compensation obligation authority should pay compensation for violation of personal freedom. In addition, W argued that his detention had caused the malicious destruction of important company assets and the absence of important moments in his children's development, and that he should be compensated for moral damages because of the double damage to his property and spirit. However, these consequences did not fall into the category of "serious consequences" as stipulated in the judicial interpretation, which meant that W could not get the compensation for moral damages.