ManSeeks State Compensation After Conviction Reduced to Lesser Charge

A Man Seeks Compensation After a Reduced Sentence: A Case of Legal Loopholesand the Need for Reform

By [Your Name], Senior Journalist

[City, Date] – Han Yu, a resident of Lixin County, Anhui Province, is seeking compensation from the state after spending over three years indetention for a crime that was ultimately reduced from robbery to theft. This case highlights a critical gap in China’s national compensation law and underscores the need for reform toaddress the potential for wrongful convictions and prolonged detentions.

Han Yu’s ordeal began in May 2020, when he was accused of robbing 126 yuan from an elderly villager, Jiang Xueyi. Despite maintaininghis innocence and claiming he had only entered the house to steal, Han Yu was convicted of robbery by the Lixin County People’s Court on three separate occasions, resulting in sentences of eleven years, four years, and ten years respectively.

After three years of legal battles, the final verdict, delivered in November 2023, downgraded the charge to theft, leading to a nine-month sentence. However, this reduced sentence came too late for Han Yu, who had already served far beyond his final sentence.

In January 2024, Han Yu filed for national compensation, citing 933 days of excessive detention. His requests were denied by both the Lixin Court and the Bozhou Intermediate Court.

The legal basis for this denial lies in the 冤狱赔偿 (冤狱赔偿) principle, which dictates that compensationis only awarded in cases where a person is found innocent. As Han Yu was ultimately convicted of a crime, albeit a lesser one, he does not qualify for compensation under the current law.

Professor Wu Hongyao, a law professor at China University of Political Science and Law, explained that the current national compensation lawprimarily focuses on wrongful imprisonment and does not address cases where a sentence is reduced.

Legal experts, however, argue that the current law fails to adequately protect individuals whose rights have been violated by the judicial process. They emphasize the need for a more comprehensive compensation system that acknowledges the potential for harm caused by prolongeddetention, even in cases where a sentence is ultimately reduced.

This is a reflection of the need for further legal progress and development, stated one legal expert. The judicial system should be accountable for any infringement on an individual’s rights, regardless of the final verdict.

Han Yu’s case raises significant concerns aboutthe potential for wrongful convictions and the need for a more robust legal framework to protect individuals from the consequences of prolonged detention. The case serves as a stark reminder of the importance of ensuring fairness and accountability within the judicial system.

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