The Paper's reporter Wang Xin
Nearly 30 years after the case of Xu Hongwei, a man in Taonan City, Jilin Province, was "shelved" for nearly 30 years, he received the procuratorate's "Decision on Withdrawing the Case" - it should not be considered a crime, and recently, he applied for state compensation for more than 3 years of wrongful detention that year, asking the Taonan City Procuratorate to pay more than 446,000 yuan in compensation for restricting personal freedom during wrongful detention, restore his status as a state-owned enterprise employee, and pursue the legal responsibility of relevant personnel according to law.
Xu Hongwei. The pictures in this article are all provided by the interviewees
On November 2, The Paper (www.thepaper.cn) learned from Xu Hongwei's agent, Zhang Tieyan, a lawyer at Beijing Zhang Tieyan Law Firm, that the Taonan Municipal Procuratorate had issued a Notice of Criminal Compensation Filing on October 27 and decided to file and review Xu Hongwei's application for compensation.
The Paper previously reported that in 1988, the safe of Xu Hongwei's unit (the material supply station of the former Light Chemical Bureau in Taonan City) was stolen, and as a cash clerk, he was accused of criminal suspicion, and the police released his detention and interrogation for nearly a year. In March 1990, Xu Hongwei's colleague Zhuang Qianbo was arrested, and he identified the safe as Xu Hongwei's theft, and said that xu Hongwei had given him the money and treasury bills in the safe after committing the crime. In November 1990, the Taonan Municipal People's Court convicted Xu Hongwei of embezzlement (including the facts of two crimes) and sentenced him to eight years' imprisonment; Zhuang Qianbo was convicted of harboring and selling stolen goods, and was sentenced to six years' imprisonment. Xu Hongwei appealed against the verdict to the Intermediate People's Court of Baicheng District, Jilin Province. The Baicheng Intermediate People's Court held that the facts of the case were unclear and the evidence was insufficient, and sent the case back to the Taonan Court for a new trial. In January 1992, the Taonan Court returned the case to the Taonan Municipal Procuratorate for supplementary investigation, which has not been completed.
In November 1990, the Taonan Municipal Court sentenced Xu Hongwei to eight years in prison in the first instance. The picture shows the original judgment preserved by Xu Hongwei.
On September 18, 2021, the surging news published "Taonan Yi Criminal Case Returned to the Procuratorate for Nearly 30 Years without Success, and the Current Prosecutor General: Will Handle It According to Law", reporting Xu Hongwei's encounter. On October 9, 2021, the Taonan Municipal Procuratorate issued a Decision on The Cancellation of the Case of Xu Hongwei's Corruption Case handled by the Taonan Municipal Procuratorate on the grounds that "it should not be considered a crime" and decided to withdraw the case.
On October 22, Xu Hongwei submitted an application for compensation to the Taonan Municipal Procuratorate, the organ obligated to compensate in accordance with the law, requesting the Taonan Municipal Procuratorate to pay more than 446,000 yuan in compensation and 446,000 yuan in consolation payments for mental damage during erroneous detention; requesting the Taonan Municipal Procuratorate to pay the seized security deposit of 3,000 yuan, a large deposit certificate of 1,000 yuan, 500 yuan in cash and bank interest for the same period; requesting the Taonan Municipal Procuratorate to coordinate with relevant departments to restore the status of employees of state-owned enterprises. He was paid a total of more than 1.27 million yuan in wages and various benefits that he was wrongfully detained but not paid; requested the Taonan City Procuratorate to eliminate his influence, restore his reputation, and apologize for his courtesy; and pursue the legal responsibility of the procuratorial personnel involved in handling the case in accordance with the law.
Zhang Tieyan believes that after the Taonan Municipal Procuratorate released Xu Hongwei on guarantee pending further investigation, it did not change it in time and did not make a timely decision in accordance with the law, resulting in Xu Hongwei being suspected of committing a crime for more than 30 years, which belongs to the scope of state compensation, and Xu Hongwei should be compensated and apologized according to the latest personal freedom compensation standards.
Editor-in-Charge: Cui Xuan
Proofreader: Ding Xiao