Case No 3: Zhu Shengji’s application for State compensation

1. Background

On July 17, 2012, Zhu Shengji was suspected of intentional injury and held in criminal detention by the Xuwen county’s public security bureau, Zhanjiang city, Guangdong province; his arrest was approved by the county’s procuratorate on July 27.

On Aug 3, the public security bureau transferred the case to the procuratorate for examination and prosecution. On Aug 20, the procuratorate instituted a public prosecution on Zhu at the people’s court of Xuwen county. On Jan 10, 2013, the procuratorate withdrew the prosecution and the court approved that withdrawal the next day. On Jan 21, the county’s public security bureau applied to the procuratorate to withdraw the case, which was done the next day. Zhu was released on bail pending trial by the public security bureau rather than kept under criminal compulsory measures.

2. Ruling

On July 17, 2014, Zhu Shengji applied for State compensation to the people’s procuratorate of Xuwen county arguing that the procuratorate exercised its functions and powers illegally, which infringed his legitimate rights and interests.

On July 21, the procuratorate rejected Zhu’s application, because it held that the public security bureau did not cancel Zhu’s case and the criminal procedure had not finished, and his application was not in conformity with the conditions for filing a State compensation case. Zhu applied to the Zhanjiang People’s Procuratorate for reconsideration on Oct 13.

On Dec 12, 2014, the Zhanjiang People’s Procuratorate ruled that the former decision made by the procuratorate of Xuwen county was improper and required it to pay 41,542.83 yuan ($6,765.93) for infringing Zhu’s right of personal liberty. The Zhanjiang People’s Procuratorate held that the county procuratorate had not made a decision to proceed with or give up prosecution within the legal time limit, so the criminal procedure was finished. The county procuratorate was also ordered to eliminate the negative effect on Zhu by rehabilitating his reputation and apologizing to him.

3. Significance

The case is about compensation payable after the termination of criminal liability arising from withdrawal of prosecution. In this case, the claimant Zhu Shengji was released on bail pending trial but the case had not concluded more than one year past the limitation date. The Zhanjiang People's Procuratorate ruled that the original criminal procedure was terminated because the limitation period for proceeding had passed. It found that the lack of conclusion hampered the launch of legal procedures for State compensation. It considered and applied the limitation period, ensuring the claimant’s right to receive State compensation and promoting standardized law enforcement behavior. The handling of this case is in accordance with the spirit of the Supreme People’s Court and the Supreme People’s Procuratorate’s interpretation on some issues concerning the application of law in dealing with criminal compensation cases.