Case No 1: Cheng Xihua’s application for state compensation

1. Background

Cheng Xihua, former chariman and general manager of Anqing Machine Tool Co, Ltd in Anhui province, was sentenced to criminal detention on April 27, and was arrested by the Daguan district people’s procuratorate on May 11, 2006. On May 30, Cheng was released on bail pending trial. On July 31, 2007, the procuratorate convicted Cheng of the crime of duty encroachment but exempted him from criminal punishment. Cheng did not appeal, so the verdict went into effect. The Anqing Intermediate People’s Court acquitted him on retrial on July 6, 2011.

2. Ruling

Cheng applied for State compensation to the people’s court of Daguan district for his wrongful detention of 34 days, but the court did not make a decision within a time limit.

On July 23, 2014, Cheng’s application was rejected by the Compensation Committee of the Anqing Intermediate People’s Court, since the committee concluded that because the court of Daguan district had exempted Cheng from criminal punishment it had not actually violated his right of personal liberty. Cheng then applied to the Anqing People’s Procuratorate to supervise his application for compensation.

The procuratorate held that the applicable law regarding State compensation had been wrongly applied and submitted the supervision application to the Anhui Provincial People’s Procuratorate. On June 19, 2015, the provincial procuratorate filed the application to the Compensation Committee of Anhui Provincial Higher People’s Court for reconsideration, in accordance with the third paragraph of Article 30 of the State Compensation Law.

On Sept 6, 2015, the Compensation Committee of the higher people’s court cancelled the decision of the Compensation Committee of the Anqing Intermediate People’s Court, urged the court of Daguan district to rehabilitate Cheng’s reputation, and pay 7,470.48 yuan ($1,216.69) for compensation and 1,200 yuan for mental distress.

3. Significance

In this case, the Compensation Committee of the Anqing Intermediate People’s Court found that Cheng’s right of personal liberty had not actually been infringed and did not consider his being detained and arrested in the early stage, which was not in conformity with the State Compensation Law. The Anhui Provincial People’s Procuratorate correctly applied the law in supervising the decision, causing the Compensation Committee of the provincial higher people’s court to correct the earlier erroneous decision and justly safeguard the claimant’s legitimate rights and interest.