The owner of the corn acquisition case applied for State compensation totaling more than 388000 yuan
Wang Lijun, a farmer in Bayannaoer City, Inner Mongolia, was sentenced to one year in prison and two years in probation by Linhe district court for illegal business. On February this year, the case was retried, and the Intermediate People’s Court of Bayannaoer City in Inner Mongolia amended Wang Lijun to be innocent. Yesterday afternoon, Wang Lijun, accompanied by his lawyer, submitted the application for national criminal compensation to Linhe district public security bureau and Linhe district people’s court in Inner Mongolia respectively. He applied to these two units for State compensation totaling more than 388891.5 yuan.
Acquittal after receiving corn without a license
Wang Lijun, 47, is a farmer in Linhe district, Bayannaoer City, Inner Mongolia. From November, 2014 to March, 2015, Wang Lijun purchased corn from neighboring farmers without the permission of the grain department and the approval of the administrative organ for industry and commerce. At the end of 2015, after being reported by the masses, Wang Lijun was seized by relevant departments such as the Industrial and Commercial Bureau, and then he surrendered to the public security organ.
After hearing, the court of Linhe district held that Wang Lijun illegally purchased corn and illegally operated more than 210000 yuan without the permission of the competent department of grain and the approval and registration of business administration institution in violation of national laws and administrative regulations, the number is relatively large, and its behavior constitutes the crime of illegal business operation. In view of the fact that Wang Lijun voluntarily surrendered to the public security organ after the incident and voluntarily surrendered the illegal income, Linhe district court sentenced him to one year in prison, suspended for two years, and fined 20000 yuan.
The judgment of this case has aroused widespread concern in the society. On December 16, 2016, the supreme law made a retrial decision on this case, and ordered Bayannaoer Intermediate People’s Court to conduct a retrial. On February 17 this year, Bayannaoer Intermediate People’s Court re-judged Wang Lijun innocent.
Filed 5 compensation claims 388000
In the compensation application, Wang Lijun put forward a total of 5 compensation requests, totaling more than 388000 yuan.
Wang Dianxue, the attorney of Wang Lijun, believes that according to the current “state compensation law” and judicial interpretation, those who violate Wang Lijun’s personal freedom are mainly the public security bureau of Linhe district, which violates Wang Lijun’s property rights, it was mainly the people’s court of Linhe district, and neither organ could absorb the responsibility of the other organ, so they applied for state compensation to the two units.
Among them, compensation for infringement of personal freedom is 1211.5 yuan. From March 26, 2015 to March 30, 2015, Wang Lijun’s personal freedom was violated for 5 days. Therefore, the public security bureau of Linhe district should pay the compensation for the requester’s violation of citizens’ personal freedom according to law: 242.30 yuan/day × 5 days = 1211.50 yuan. In addition, Wang Lijun also proposed a mental injury compensation compensation requirement of 120000 Yuan.
The amount of state compensation applied. Wang Lijun said that although his purchase of corn without a license had certain administrative illegality at that time, it was not enough to constitute a criminal act of illegal operation. The public security bureau of Linhe district still mistakenly initiated criminal proceedings against Wang Lijun, linhe district procuratorate filed a public prosecution against Linhe district court, and Linhe District People’s Court made a criminal judgment of guilt. Although the guilty verdict of Linhe district court was suspended, it made Wang Lijun bear the reputation of criminals and caused serious mental damage to Wang Lijun. Therefore, Wang Lijun has the right to request the state to compensate mental injury solatium in this case, and ask the Linhe district court to pay 40000 yuan for mental injury solatium; Although Wang Lijun was detained for only 5 days, however, a series of legal and social consequences brought by the investigation of criminal responsibility by the public security and judicial organs in Linhe district caused serious mental damage to Wang Lijun, requiring the public security organs to pay 80000 yuan mental injury compensation.
Wang Lijun also requested compensation for 260000 yuan of direct economic losses caused by wrong criminal accountability. Among them, the court is required to pay 162000 yuan, while the public security organ is required to pay 98000 yuan; The court is required to compensate 7680 yuan for the interest of the fine and the interest of the recovered operating funds.
The court will decide whether to formally file a case within 7 days.
In addition, in the application for compensation, Wang Lijun also asked Linhe district public security bureau and Linhe district people’s court to send him a written letter of apology and make it public in the media to restore reputation and eliminate influence.
The victim has the right to request to immediately stop the infringement, restore the reputation, eliminate the influence, etc. Case handling organs the extent to which the infringement infringes the spiritual rights of the victim and causes adverse effects, it is necessary to restore the reputation and eliminate the impact.
“The two units handled the material acceptance procedures for the compensation application, and the court said that it would decide whether to formally file a case within 7 days.” Wang Dianxue said.
Text/reporter Li Tiezhu
2086
Wang Lijun applied for state compensation, and the receiving receipt given by the court Wang Lijun, a farmer in Bayannaoer City, Inner Mongolia, was sentenced to one year in prison and two years in probation by Linhe district court for illegal operation. On February this year, the case was retried, Inner Mongolia BA
