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No. 2 of Twenty-Five Model Cases Published by the Supreme People's Court at the Twenty-Fifth Anniversary of the Implementation of the State Compensation Law: Case of Application for State Compensation Filed by Zheng Chuanzhen for Acquittal upon Retrial by the Intermediate People's Court of Nanping City, Fujian Province
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最高人民法院发布25起国家赔偿法颁布实施二十五周年典型案例之二：郑传振申请福建省南平市中级人民法院再审无罪国家赔偿案
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【法宝引证码】
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| No. 2 of Twenty-Five Model Cases Published by the Supreme People's Court at the Twenty-Fifth Anniversary of the Implementation of the State Compensation Law: Case of Application for State Compensation Filed by Zheng Chuanzhen for Acquittal upon Retrial by the Intermediate People's Court of Nanping City, Fujian Province | | 最高人民法院发布25起国家赔偿法颁布实施二十五周年典型案例之二：郑传振申请福建省南平市中级人民法院再审无罪国家赔偿案 |
| [Grounds for Selection] | | 【入选理由】 |
| This is the first criminal case of state compensation for miscarriage of justice tried by a higher people's court where the higher people's court decided to make compensation. It has been specified for the first time that the claimant to compensation has the right to obtain corresponding state compensation where the judgment of the case involving joinder of penalties for plural crimes was commuted to untenability of a charge upon retrial and the term of imprisonment has exceeded the sentence determined in the judgment entered upon retrial. | | 本案是首例由高级人民法院审理并决定赔偿的刑事冤错国家赔偿案件，首次明确了数罪并罚的案件经再审改判部分罪名不成立，监禁期限超出再审判决确定的刑期的，赔偿请求人有权获得相应的国家赔偿。 |
| [Basic Facts] | | 【基本案情】 |
| In May 1991, the People's Court of Shaowu City, Fujian Province entered a criminal judgment that Zheng Chuanzhen should be sentenced to imprisonment of one year for speculation and profiteering and to imprisonment of seven years for theft. It was decided to enforce the imprisonment of seven years and six months as joinder of penalties for plural crimes. The People's Court of Nanping City, Fujian Province ruled to dismiss the appeal and affirm the original judgment. On March 15, 1995, the Higher People's Court of Fujian Province entered a criminal judgment to affirm the item involving the crime of speculation and profiteering committed by Zheng Chuanzhen and set aside the item involving the crime of theft committed by Zheng Chuanzhen in the judgments entered by the courts of first instance and second instance. On April 24, 1995, Zheng Chuanzhen was released. In June of the same year, Zheng Chuanzhen filed an application for compensation with the Intermediate People's Court of Nanping City. Since the Intermediate People's Court of Nanping City decided to not make compensation, Zheng Chuanzhen filed an application for making a compensation decision with the compensation committee of the Higher People's Court of Fujian Province. | | 1991年5月，福建省邵武市人民法院作出刑事判决，以投机倒把罪判处郑传振有期徒刑一年，以盗窃罪判处郑传振有期徒刑七年，数罪并罚决定执行有期徒刑七年六个月。福建省南平地区中级人民法院裁定驳回上诉，维持原判。1995年3月15日，福建省高级人民法院作出刑事判决，维持一、二审法院对郑传振投机倒把罪的判项，撤销一、二审法院对郑传振盗窃罪的判项。1995年4月24日，郑传振被释放。同年6月，郑传振向南平市中级人民法院提出赔偿申请。因南平市中级人民法院决定不予赔偿，郑传振遂于同年8月向福建省高级人民法院赔偿委员申请作出赔偿决定。 |
| [Judgment] | | 【裁判结果】 |
| Upon trial, the compensation committee of the Higher People's Court of Fujian Province held that although the claimant to compensation was not acquitted of all charges in this case, the crime of theft was untenable. The item in the original judgment that Zheng Chuanzhen was guilty of theft has been set aside and for the term of imprisonment that has been enforced for the crime of theft, the claimant to compensation had the right to obtain state compensation according to the law. The Intermediate People's Court of Nanping City should assume the liability of compensation. For the custody after January 1, 1995, the claimant to compensation should be given compensation in accordance with the provisions of the State Compensation Law; and for the custody before the implementation of the State Compensation Law, the claimant to compensation should be compensated by reference to the State Compensation Law. On these grounds, the compensation committee of the Higher People's Court of Fujian Province decided that the Decision (No. 1 [1995], Criminal Division, Compensation, IPC, Nanping) made by the Intermediate People's Court of Nanping City should be set aside and the Intermediate People's Court of Nanping City should pay Zheng Chuanzhen the compensation of CNY16,501.12 for restriction of his personal freedom. | | 福建省高级人民法院赔偿委员会经审理认为，本案虽不属于全案宣告无罪，但盗窃罪不能成立，原判郑传振盗窃罪被撤销，其盗窃罪已执行的刑期，赔偿请求人依法有取得国家赔偿的权利，南平市中级人民法院应当承担赔偿责任。对1995年1月1日以后羁押的部分，按照国家赔偿法的规定予以赔偿；对国家赔偿法实施以前羁押的部分，参照国家赔偿法的规定予以赔偿。据此，福建省高级人民法院赔偿委员会作出决定：撤销南平市中级人民法院南中法（1995）刑赔字第1号决定，由南平市中级人民法院赔偿郑传振限制人身自由赔偿金16501.12元。 |
| ．．．．．． | | ．．．．．． |
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