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Compensation for damage caused by wrong decisions

In recent days, public opinion on the case concerned Mr. Nguyen Thanh Chan unfairly jailed for 10 years. Through this incident, many issues are in place, in which many readers ask questions about the responsibility of state compensation in the event of errors from the agency conducting the proceedings. Dated 26-3-2004, Bac Giang Province People’s Court opened the trial of the accused Nguyen Thanh Chan and declared the accused guilty of murder and sentenced to life imprisonment; defendant Got grievances and appeals. On 26 and 27-7-2004, the Supreme Court of Appeal in Hanoi People’s Court, has rejected the appeal and declared y instance verdict. Appeal judgment takes effect from the date of sentencing, he Got to serving the penalty to life imprisonment. Date 6-11-2013, that after 10 years he Got serve a sentence, the Council of Judges of the Supreme People’s Court reviewed the case under retrial procedures, accepted an appeal of the Supreme People’s Procuracy and declared canceled Appeals declared against Nguyen Thanh Chan. Based on this judgment, can not hastily conclude Got him guilty or not, because according to paragraph 1 of Article 300 of the Criminal Procedure Code, if the council decided to cancel retrial judgment has taken legal effect for re-investigation, shall, within 15 days of the decision, the case file had been forwarded to the competent KSND Institute, to investigate according to general procedures. The determination he has been unfairly Got it or not, still have to go through several stages further proceedings. However, if it is determined he is innocent, State Got to pay damages for the time he Got to jail. Pursuant to paragraph 1 of Article 4 and paragraph 2 of Article 26 of the Law on Compensation Liability of State in 2009, who is serving life imprisonment, but the decision of the competent authority in criminal activities determined not perform criminal acts, have the right to claim damages. The statute of limitations for a claim is 2 years from the date of the judgment or decision has legal effect of the agency conducting the criminal procedure identified the victims eligible for compensation. Compensation Liability belongs Supreme Courts Appeal Court, because the Court of Appeal declared the accused guilty but the trial court for retrial under the procedure set aside the judgment of Appeal for re-investigation, after which the accused is to suspend the investigation, suspend the case for not perform criminal acts. Damage here include property damage caused by compromised, damage due to real income lost or diminished, damages for loss of mental and physical losses due to compromised health. For damage caused by income actually lost or diminished, must be based on his income categories before his arrest Got to determine the level of compensation. Most notably is the mental damage he suffered Got for 10 years. Folk have a saying “First day in prison, thousand years outside”. While in detention, Mr. Chan suffered many psychological pressure, under duress. So mental damage is enormous, not to mention he Got to difficult to readjust to life now. Under paragraph 2 of Article 47 of the Law on Compensation Liability of State, damages for loss of morale in the case of execution of a prison were identified as 3-day minimum wage for a day of serving the prison term. Currently, the minimum wage is 1,150,000 VND / month, which corresponds to the day he was detained Got to be compensated 115,000 dong. To be compensated for damage, wrongfully imprisoned persons must submit a request to the authorities responsible for compensation, namely the Supreme Court of Appeal Courts in Hanoi. The applications for compensation have as their main contents and the name and address of the person requesting compensation for damages; Claim reason; damage and the claim. Accompanying a claim, to have the judgment or decision identify that person in one of the cases to be compensated, and the documents and evidence related to the claim. In addition, there had been wrongfully convicted person has the right to request to restore honor within 3 months after compensation decisions have legal effect. Within 30 days of receiving a written request for restoration of the honor of the victims, the agency responsible for compensation was seized of the case to make the apology, public correction .

 

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