The afternoon of December 16, Hunan Xiangtan intermediate people's Court to the families of private enterprise bosses Qi Jinkun served on State compensation decisions. The decision shows that Court upheld two requests for compensation-was violating the right to freedom of compensation, moral damage compensation total of more than 640,000 yuan and dismissed the other claims.
10 years ago because two of 600,000 yuan and 1 million Yuan Bank loan, Qi Jinkun was sentenced to 10 years on charges of loan fraud by the Court. Until May 27, 2016, Qi Jinkun was a judgment of acquittal, and Qi Yi died 4 years.
Qi Jinkun as before. Family photo
In June 2016, Xiangtan, Qi De family to criminal court totaling more than 20 million yuan in State compensation application. On October 20, the surge of news coverage of Qi An the next day, the organ under compensatory obligations in Xiangtan Hospital decided to accept that State compensation cases.
But for State compensation decisions made in Xiangtan, Qi Jinkun families, and said it would in the near future to the Hunan High Court appeals.
Court: wrongly convicted do not inevitably lead to the company closed
Yuanjinkun company is located, has now been rented for local government purposes.
State compensation decisions to the Xiangtan hospital shows, the Court found that Qi Jinkun total 1960 days in custody, according to statistics released by 2015-workers ' average salary per day (242.3/day), decided to compensate families of Qi Jinkun was compensation for the violation of the right to liberty 474908 and payment of solatium 166218 claimant spirit. Two total compensation of 641126 Yuan.
Qi Jinkun families apply for other compensation claims, in Xiangtan hospital are not supported.
In State compensation decisions in the Xiangtan intermediate court for the compensation of the person filing the request to remove problems, rehabilitation, apology, explanation is that Court to publicly declare Qi Jinkun innocence, served on the judgment according to law, and the claimant expressed "sincere apology."
On spiritual damage compensation, the Court considered relevant provisions and Qi Jinkun are detained for long periods of specific situations and local living standards, personal freedom of spirit damage compensation in accordance with the determination of total compensation of 474908 Yuan 35%, identified as 166218 Yuan, for the claimant requested payment of solatium 2.75 million Yuan psychotropic, the excess shall not be supported.
Involved Qi Jinkun diseases such as lung cancer, such as medical, nursing, transportation costs and Qi Jinkun deaths last year of the funeral expenses, compensation for death, dependents living expenses and other compensation, the Court held that Qi Jinkun treatment during the illness and temporary execution of death, and on the errors of judgement of the Court has no legal causal relationship, these claims have no legal basis.
On compensation requests people proposed of for Qi Jinkun was custody, and cannot business management company caused corresponding property loss and the complaints costs loss and requirements compensation of problem, Court think, for court on Qi Jinkun personal errors sentence does not must led to Kam Kun company closed closed, and entered into force judgment has finds "November 2006, for unable to returned loan and the private borrowing, Qi Jinkun and wife Min to Guangxi Pingxiang city hiding", that was criminal held zhiqian, Qi Jinkun has no directly business management the company, The company's losses and wrongly convicted acts no legal causal relationship, the Court's judgments Kam Kun did not infringe on the property rights of the company. In addition, complaint costs are indirect costs, complaint costs 500,000 yuan is so difficult to prove. The Court found that neither belongs to the wrong judgments shall be liable for State compensation cases, therefore, the claimant's claim above, cannot be established.
The family shall apply mutatis mutandis "Vocative case" for compensation for mental damage
Qi Jinkun of brother Qi Jinxiang said, national compensation method 35th article of provides "to people spirit damage of, should in infringement behavior effect of range within, for victims elimination effect, and recovery honorary, compensation apologized, caused serious consequences of should paid corresponding of spirit damage comfort gold", Xiangtan in the hospital although in decided book in the said to appropriate of way for Qi Jinkun elimination effect, and recovery honorary, apologized, "but just in November 4 national compensation hearing Shang has a small range of oral apologized, Does not do even a bow. "
Qi Jinxiang said had published online Qi Jinkun guilty of the original second-instance judgments have not all been taken down, "2008 the local television stations, daily Times reported Qi Jinkun was a con man, is not through the Elimination of influence of both media. "
26th article of the State compensation law stipulates that detainees in custody death or incapacity, the organ under compensatory obligations and detainees died or whether the incapacitation of a causal relationship, the organ under compensatory obligations shall provide evidence. Therefore, Qi Jinxiang believes that Qi Jinkun died of lung cancer are closely related to men serving sentences, also in line with the medical profession points out that "long-term bad eating, such as depressed mood, will have an impact on their immune function, resulting in the occurrence of cancer", the Court had no legal basis is represented by the dismissed the claim puzzled. Interview Turkey ex Chief of staff on July coup
For 5 people asked for Qi Jinkun and their families a total of 2.75 million Yuan compensation of spiritual damage compensation request, said Qi Jinxiang, which is set by the Inner Mongolia "Vocative case" and Fujian "reading bin case" case calculations, "according to the vocative case, compensation for spiritual damages compensation is the right to liberty of total compensation nearly 100%. "
Meanwhile, in Xiangtan, Qi Jinxiang for "wrongly convicted do not inevitably lead to the company shuttered" logic is not recognized. In his view, the Central leading group on comprehensive reform adopted by the 27th session on perfecting the property right protection system shall protect the property rights of the spirit of the rule "genuinely unclear facts, insufficient evidence and applicable law wrong wrong, injustice, to redress and compensate for the loss of the parties in accordance with law. "The 36th article eighth of the State compensation law also provides that" other damage to property, according to compensation for direct loss. "Qi Jinkun was investigated for criminal liability, loss of freedom, until illness death, shut down there is a connection with the company, while he was in custody, some of the property lost or occupied by someone else, shall be lawful compensation for the resulting loss.
Families of Qi Jinkun said in Xiangtan hospital indemnity disagrees with the decision, will in the near future to the Hunan High Court appeals.
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