Oriental Network Zhongxiang news reporter Lu Ying
On October 21, Li Mengfa, director of operations at Beijing Dayu Law Firm, revealed the reason why the state compensation agreement in Zhang Zhichao's case was not reached: The Linyi Intermediate Court refused to apologize to Zhang Zhichao on the same day.
The reporter of the Oriental Network Zhongxiang News called the Linyi Intermediate Court today, and the staff responded that the court did not update the information and response to the case, and there was no timetable for when the two sides would consult again.
In 2006, Zhang Zhichao was convicted of rape and wronged for 15 years when he was under the age of 16, and was acquitted in January this year. On October 20, Zhang Zhichao was scheduled to sign a state compensation agreement with the Intermediate People's Court of Linyi City, Shandong Province, but until the end of the consultation at about 12:30 noon on the same day, the on-site media received news: the agreement was not signed, and Zhang Zhichao and his lawyers were at the scene and did not want to disclose the reason for the failure of the negotiations.
(Pictured: On the day of the acquittal, Zhang Zhichao and his mother walked out of the courtroom.) ）
Li Meng, a former deputy director of the Interview Department of the Democracy and Legal Affairs Agency of the China Law Society, joined Beijing Dayu Law Firm in August this year, which represented Zhang Zhichao. Li Meng told the Zhongxiang News reporter that on the 20th, the Linyi Intermediate People's Court was quite dissatisfied with the presence of a number of media to pay attention to the progress of the incident and the lawyer disclosing the possible amount of compensation to the media in advance, "It was not signed, and another reason was that Zhang Zhichao insisted on apologizing." Li Meng said.
On June 1, 2020, Zhang Zhichao formally submitted an application for state compensation of 7.889 million yuan to the Linyi Intermediate People's Court, including 1.889 million yuan for 5449 days of compensation for infringement of personal freedom and 6 million yuan for mental damage, and hoped that the original case-handling organ could publicly apologize to him through the media.
(Source: Screenshot of Zhang Zhichao Douyin)
According to the lawyer, after formally submitting the application for state compensation, Zhang Zhichao reached an oral agreement with the Linyi Intermediate Court to abandon the compensation demand for a public apology, accept a verbal apology without the presence of the media, and pay about 3.32 million yuan in compensation at one time. 3.32 million yuan includes personal freedom compensation of 1.889 million yuan and more than 1,416,750 yuan of moral damage compensation, that is, 75% of the personal freedom compensation.
"The day was a lot of pulling on the apology." Li Meng told the Zhongxiang News reporter, "Zhang Zhichao always asked for an apology, and the judge of the Linyi Intermediate Court said that if you insist on asking for an apology, the mental damage can only be compensated by 35%, and if you do not ask for an apology, you will be compensated by 75%. "
According to Li Meng's calculations, if Zhang Zhichao insisted on an apology, his mental damage compensation was more than 660,000 yuan, which was more than 750,000 yuan different from the spiritual compensation of more than 1,416,750 yuan that had previously reached an oral agreement.
According to the regulations, the minimum compensation for moral damage is currently 35% of the personal injury compensation and the maximum is 100%.