the case of contractors to apply for compensation as the department head, Nanshan District Prosecutor's Office Chief of complaints and appeals, Li Jing Attorney Excellent Zhangshang Jiang told reporters details of the application for state compensation the whole story.
wrongly arrested have yet to be determined whether the July 6 decision will be made
innocent migrant workers being held 211 days follow: yet to be determined whether the error arrest
newspaper (Legal Daily
It is reported that Zhang Shangjiang the first time in November 2009 made an application for state compensation. Nanshan District Procuratorate in December 14 to Zhangshang Jiang served a But Zhang Shangjiang refuse to sign.
2009 年 11 months, Nanshan District,
d&g pumps, Shenzhen People's Procuratorate has decided not to prosecute. Zhang Shangjiang then apply for state compensation in the south mountain's Procuratorate, was rejected. After the media began reporting on the case, led to a public hot.
Shenzhen Municipal People's Congress, lawyers fitness of that case, detention is not wrong, Zhang Shangjiang do have suspects, but also from the situation at that time should be arrest. However, since the result is doubtful not to prosecute, from a legal point of view does not exist or that the facts of the crime, since there is no crime that the arrests took place, so the arrests should be considered wrong.
2010 年 6 10 May, Nanshan District Prosecutor's Office to apply for state compensation in the case of Zhang Shangjiang hold a public review hearing.
claims process is in progress
reporter has learned that Zhang Shangjiang the Nanshan Detention Center held from November 2006 only use this case since there is only held for Zhang Shangjiang lupus erythematosus, not before, not after this,
Cheap Griffey Shoes Promote the right of the central transparent Suining County,, detained him after the The custody and no one else contracting this disease.
difficult to determine the cause of custody disease
the same year on May 6, Zhang Shangjiang re-submit an application for state compensation.
Nanshan District Prosecutor's Investigation and Supervision Department official said, Zhang Shangjiang cases caused by the small, but suspects for two consecutive days for two or three o'clock in the morning, gathering more than ask for a knife to the victim money. At 2:00 on February 26, 2009 or so, Zhang Shangjiang ask for money at the scene early the next morning, co-defendants named Mao and the nickname computer. Zhang Shangjiang is to argue that there is no other evidence to support mediation.
However, ZHU Xing Shenzhen Municipal Party School professor has pointed out that arrest itself is not wrong, because in the circumstances, prosecutors have tried to own the responsibility.
Indeed, while Zhang Shangjiang think they act as a mediator in the middle, but the Nanshan District Prosecutor's decision not to prosecute that Zhang Shangjiang facts are unclear,
Air Max 2011, there is insufficient evidence not to prosecute.
Shenzhen University Law School professor Xiao and Yin also believes that the arrest of Zhang Shangjiang decision,
spikes asics 金正日对中国进行非正式拜访 在吉林黑龙, if not subjective error in the prosecution or the result of errors in understanding, at least the presumption from the results in front of the approval process may be arrested is flawed.
二条 the first one hundred and fortieth Code of Criminal Procedure provides that And Article 15 of the Act set out not to prosecute the case, including State Compensation Law, in accordance with the Article 15 shall not be investigated for criminal responsibility of the person taken into custody, the state is not liable for damages.
is wrongly arrested for the June 10 hearing,
air max nike 90 Xi'an, hot, cool off tourists playing in the water (Figure ), there are several others in the industry are also different views.
Li Jing gifted explained the reason for Zhang Shangjiang first application for state compensation does not belong to the scope of state compensation, because the hospital was making the decision not to prosecute is based on the Code of Criminal Procedure the first one hundred and fortieth 二条, article 15 made.
6 12, a reporter at Nanshan District Procuratorate, the exclusive details on the case interviewed the relevant personnel.
2009 年 4 on 3, from Sichuan to Guangdong Province, Shenzhen City, the ordinary workers who work Zhangshang Jiang,
mbt rocker bottom shoes, as is the case with the dispute as up to 211 days. In the detention center, he suffers from lupus, a serious vascular disease go far, taking control of the disease to be lifelong.
2010 年 4 29, Nanshan District Prosecutor's Office to make a new decision not to prosecute, saying that , so its not to prosecute.
is worth noting that Zhang Shangjiang disease whole body was in custody, which in their countries to be responsible for claims made in the follow-up medical costs and lost work because of ability to seek compensation for disability compensation and dependents living expenses.
have medical experts at the hearing pointed out that Zhang Shangjiang are suffering from systemic lupus erythematosus is an autoimmune system disease, the pathogenesis of the disease is internal factors the main reason, of course, external factors may play the role of a trigger, so far no definite conclusion.
and supervisors, Nanshan District People's Procuratorate, Nanshan District CPPCC Chen Si Han believes that there are no errors Procuratorate arrested for Zhang Shangjiang doubt the identity as a mediator between two points: First, as a mediator,
shoes air jordan, said common sense First, the two sides in conflict should be avoided in the case of the two sides continue mediation does not touch, but in this case with his fellow Zhangshang Jiang (the suspect) to another store to carry the tool mediation, mediation obviously this is not normal; Second, current evidence Whether his fellow (the suspect) or the statement of the victim did not invite him to mediate, Zhang Shangjiang mediator is without evidence.
fact, in the June 10 hearing, although the majority of participants supported Zhang Shangjiang apply for state compensation, but we have generally agreed that, because the disease can not prove Zhang Shangjiang caused by detention, arrest, and no evidence of disease and the arrest of his detention during the middle of any accident occurring is related to the treatment of disease made no legal basis for compensation. Have staff that since the causal relationship is unclear, the parties concerned need to be identified. (Yu Chun Liang Chen Xiaojun)
Nanshan, Shenzhen City Public Security Bureau Branch of the investigators believe that Zhang Shangjiang extortion in that case there is a major suspect, first identified two victims, and second, two co-defendants confessed and identified third, it is the middle Zhang Shangjiang excuse as mediator, which has never been invited statements of victims, said Zhang Shangjiang as mediator.
2010 年 1 11, the Shenzhen Municipal People's Procuratorate Zhang Shangjiang apply for reconsideration,
mbt sawa, April 7, 2010, the Shenzhen City People's Procuratorate to make a decision to revoke the Nanshan District Prosecutor's Office is not the first indictment, while Nanshan District Prosecutor's Office should be required in accordance with Paragraph Four of Article one hundred and fortieth Code of Criminal Procedure, that The decision not to prosecute renewed.
All in accordance with the legal processes. arrest. In the June 10 hearing on whether there is a variety of views on the error arrest.
Shenzhen University Law School Professor Chen Da believes that the arrest is eligible, but the result is questionable not to prosecute, then the arrest is wrong, this is the objective results from the push. The reason this happens is because the evidence required to prosecute the evidence than the arrest of requirements to be high.