The Intermediate People's Court of Linyi City, Shandong Province, concluded the case of Zhang Chao (formerly known as Zhang Zhichao) applying for state compensation in accordance with the law, and on January 26, it paid compensation of 3.32 million yuan to the compensation requester Zhang Chao in accordance with the law.
In accordance with the relevant laws and regulations, the Linyi Intermediate Court fully listened to the opinions of Zhang Chao and his retained lawyers, and the two sides conducted many consultations to reach an agreement on matters related to compensation, and the Linyi Intermediate Court made a compensation decision in accordance with law. The compensation comprehensively considers the specific circumstances of Zhang Chao's restricted personal freedom and mental damage, and the average local living standard.
Review of Zhang Zhichao's case
In January 2005, a high school girl at Linshu No. 2 Middle School disappeared, and a month later, her body was found in an abandoned toilet at the school. Forensic identification revealed that the body was naked. The next day, Zhang Zhichao, a 15-year-old high school student, was taken from his home by police.
In March 2006, the Linyi Intermediate People's Court found Zhang Zhichao guilty of rape in the first instance and sentenced him to life imprisonment. Wang Guangchao, who was in the same grade, was charged with harboring and sentenced to three years' probation and three years' probation. After the first-instance judgment was pronounced, Zhang Zhichao did not appeal, but after 5 years in prison, he filed a complaint denying that he was responsible.
In 2011, years after the case had been settled, Zhang Zhichao, in a meeting with his mother, Ma Yuping, suddenly claimed that he had been tortured to extract a confession during the investigation of the case. After the lawyer intervened, the investigation found that there were many doubts in the case, such as the lack of key evidence, the time and place of the crime, the concealment of favorable evidence, and the contradiction of confessions.
On November 16, 2017, the SPC decided to retry the case.
On December 28, 2017, the Supreme People's Court made a retrial decision, holding that the facts of the case were unclear and that there were contradictions between the main evidence, and ordered the Shandong High Court to form a separate collegial panel for retrial.
On December 5, 2019, the case was retried at the Zibo Intermediate People's Court. It is worth noting that during the trial, the prosecution also made a recommendation to the court on the case that "there is no doubt about the crime".
On January 13, 2020, the Shandong Higher People's Court ruled that Zhang Zhichao and Wang Guangchao were not guilty. On May 25, the "Zhang Zhichao case" was selected as a work report of the Supreme People's Court and the Supreme People's Procuratorate at the same time.
Apply for huge compensation
On the afternoon of June 1, Zhang Zhichao's lawyer submitted an application for state compensation to the Intermediate People's Court of Linyi City, Shandong Province, and applied for more than 7.8 million yuan in state compensation.
The cover news reporter learned from Zhang Zhichao's lawyer that Zhang Zhichao applied for more than 7.8 million yuan in state compensation, including more than 1.8 million yuan in compensation for infringement of personal freedom and 6 million yuan in consolation for mental damage. In addition, Zhang Zhichao also applied for a public apology and restoration of his reputation by the case-handling organs to eliminate the negative impact caused by the wrong judgment.
Zhang Zhichao's lawyer said that according to statistics, Zhang Zhichao was detained for a total of 5,449 days from February 12, 2005, to January 13, 2020, when he was acquitted by the Shandong Higher People's Court. According to the compensation standard of 346.75 yuan per day announced by the Supreme People's Court on May 18, Zhang Zhichao applied for compensation for infringement of personal freedom of 1889440.75 yuan.
Regarding the consolation payment for mental damage, the lawyer said that in this case, Zhang Zhichao was sentenced to life imprisonment for rape, which seriously damaged Zhang Zhichao's reputation, and his close relatives have also been hit by mental destruction and neighborhood gossip, resulting in irreparable serious consequences. In addition, Zhang Zhichao's father and many other relatives died while serving his sentence, causing serious mental harm to him.
It is understood that in recent years, the amount of consolation payments for mental damage in state compensation in unjustly wrongful cases has shown a trend of increasing year by year. In 2013, the consolation payment for mental damage in the "Zhang Uncle and Nephew Case" was 900,000 yuan; the consolation payment for mental damage in the "HugJile Pattern" in 2014 was 1 million yuan; the consolation payment for mental damage in the "Chen Man Case" in 2016 was 900,000 yuan; the consolation payment for mental damage in the "Liu Zhonglin Case" in 2019 was 1.97 million yuan; and the consolation payment for mental damage in the "Jin Zhehong Case" in 2019 was 2 million yuan.
Hope to reintegrate into society
The cover news reporter learned that in addition to the application for state compensation, Zhang Zhichao also submitted a handwritten letter to the Linyi Intermediate People's Court. In the letter, Zhang Zhichao wrote, "Without this disaster, I would have completed my studies, been admitted to a university, worked step by step, or studied a technique and had the ability to make a living." ”
Zhang Zhichao's mother, Ma Yuping, told reporters that Zhang Zhichao's physical condition has not been very good after prison, he has not eaten much, and he is still as thin as when he was just released from prison. For her son's future, Ma Yuping said that after the state compensation is issued, she wants Zhang Zhichao to learn a craft and reintegrate into society.
Source: China News Service
Original title: After 15 years of acquittal in prison, Zhang Zhichao was awarded 3.32 million yuan in compensation
Edited by Ruitian Lu
![15 years of compensation of 3.32 million, lawyer: Zhang Zhichao is now studying in a restaurant, in the future or engaged in the catering industry, there are female graduate students who want to fall in love with Zhang Zhichao, a high school girl was killed on campus, two boys of the same level were arrested and one was compensated 3.32 million, one was compensated 236,000 lawyers: Zhang Zhichao studied in a restaurant, in the future or in the catering industry temporarily do not want to start a family, there were female graduate students who wanted to fall in love with Zhang Zhichao and wanted to buy a house in the south but there was no indicator, after getting compensation, "do not invest, do not buy financial products"[fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)