Toy gun vendor was 350 thousand yuan of state compensation

Retrial procedure state compensation law non prosecution decision Kingdom toy gun

xinxishibao· 2016-07-30 08:54:18

Information Times News (reporter Wei Huihui) 8 years ago in a German road in Guangzhou city to sell 20 imitation guns, toy vendors was accused of the kingdom of illegal trade, transportation of firearms, sat for 4 years. Before the Spring Festival this year, he finally received the prosecution not guilty, and then apply to the Guangzhou intermediate people's court for 670 thousand yuan of state compensation. 5 pm yesterday, Guangzhou City Intermediate People's court to the Kingdom's attorney served the compensation decision, decided compensation totaling RMB 35.4 million yuan compensation for personal injury to the Kingdom, the kingdom of the Hukou village to explain judgment and compensation, and pay the kingdom of the spirit of solatium 80 thousand yuan.

selling imitation guns 4 years

called the kingdom of the 45 year old, 8 years before he came to Guangzhou soon, followed by fellow selling toys in Yuexiu District yidelu. In October 19, 2009, he told his wife that he was going to send a simulation gun to the customer, and he had to change his life. This day, the police seized 20 imitation guns, 18 were identified as the legal sense of the real gun.

after a court of first instance, the second instance, the kingdom of its have been illegal trading, transport firearms sentenced to 10 years in prison, which is the two court can be sentenced to the lightest sentence. Kingdom sat 4 years in prison, a transit appears in August 2012, Guangzhou City Intermediate People's court started the case retrial procedure.

of the Guangzhou intermediate people's court commuted imprisonment 10 years to 4 years, but the charges unchanged. In December 2014 the kingdom of the appeal period, Yuexiu District procuratorate withdrew to the kingdom of the indictment, the court ruled that the Yuexiu District procuratorate permitted to withdraw. However, the kingdom is not willing to accept the decision to not clear, a guilty verdict, he appealed.

September 2015, Guangzhou City Intermediate People's court revoked the Yuexiu District court's decision and remanded. Yuexiu District procuratorate again submitted a written decision to withdraw the prosecution, in December 30th, the Yuexiu District court ruled that the approval of the withdrawal. Until January 26, 2016, Wang Guoqi got the Yuexiu District prosecutor's office of the decision not to prosecute, that the prosecution of the kingdom of its behavior is not guilty. On the second day, the kingdom of Guangzhou City, it was submitted to the state compensation application.

yesterday at 5 pm, Wang Guoqi's attorney Zhou Yuzhong received a notice from one person to the Guangzhou City Intermediate People's court, the clerk to him served on the "compensation decision". Zhou Yuzhong said that the Kingdom has returned home to work, not in Guangzhou.

to pay moral damages solatium 80 thousand yuan

in Guangzhou City Intermediate People's court held that, in accordance with the provisions of the "State Compensation Law", the kingdom was arrested and eventually acquitted, entitled to apply for state compensation, the hospital should be given compensation for personal freedom. According to the National Bureau of Statistics announced the 2015 national average wage of workers, in 2015 the national average wage of 242.3 yuan. Kingdom of its limited personal freedom of a total of 1461 days, the court shall compensate the kingdom of its personal compensation for 1461 yuan for 242.3 days, a total of 354000.3 yuan.

for the kingdom of the Guangzhou City Intermediate People's Court on the request of criminal cases issued a written letter of apology in the miscarriage of justice, "people's Daily" to eliminate the impact of rehabilitation, apology and pay for mental solatium, Guangzhou City Intermediate People's court in accordance with the provisions of the "State Compensation Law", to pay moral damages solatium 80 thousand yuan, and in the apology the scope of influence of tort to eliminate the impact of rehabilitation, then made the decision to apologize.

October 19, 2009

span of 8 years the

Kingdom found guilty of illegal trafficking and transporting firearms in custody, on the same day jingfangxingju.

November 25, 2009

kingdom was arrested.

May 13, 2010

Yuexiu District Guangzhou court ruled that the kingdom of its illegal trading, transport firearms, sentenced to 10 years.

in December 20, 2010, the kingdom of the appeal after the Guangzhou intermediate people's court rejected the appeal and upheld the original ruling.

subsequently, the kingdom was taken to prison, did not stop to Guangzhou City Intermediate People's Court of appeal.

June 4, 2014, Guangdong Provincial High Court on the case review after the ruling to revoke the decision, back to the Yuexiu District court for retrial.

November 17, 2014

Yuexiu District Procuratorate on the grounds of evidence, the withdrawal of the kingdom of its prosecution.

November 26, 2014

Yuexiu District court ruled that the Yuexiu District procuratorate to withdraw the prosecution.

January 25, 2016

Yuexiu District Procuratorate made the decision not to prosecute, that the kingdom of its no criminal facts, its behavior does not constitute a crime, the decision of the kingdom of its non prosecution.

July 29, 2016

Guangzhou City Intermediate People's court served on the decision, the decision to compensate the kingdom of its personal damage compensation more than 35.4 yuan, and the kingdom of the kingdom to pay its spiritual damages 80 thousand yuan.

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