Zhang Yuhuans response to the State Compensation Application

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 Zhang Yuhuans response to the State Compensation Application


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Zhang Yuhuans response to the application for State Compensation: 10 million yuan cannot be replaced by 27 years of youth (source: dazhong.com)

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Zhang Yuhuan homicide case nearly 27 years later, the retrial was changed to acquittal, causing widespread concern and heated discussion among netizens.

At present, Jiangxi high court and other units apologized to Zhang Yuhuan. He said he accepted the apology, but the pain and suffering of nearly 27 are not problems that can be solved by an apology. Ive been separated from my family and have nothing. I ask the judicial organs to investigate the criminal responsibility of those who extort confessions by torture.

Zhang Yuhuan said that he hoped to make up for his regret by applying for state compensation, but the idea has not yet started. I cant buy back my 9778 days with money.

How to carry out the subsequent application for state compensation? What is Zhang Yuhuans state now? On the evening of June 6, the reporter interviewed Zhang Minqiang, Zhang Yuhuans brother, and Shang Manqing, his lawyer.

Zhang Yuhuans lawyer: I must apply for state compensation

Shang Manqing, Zhang Yuhuans lawyer, said that Zhang Yuhuan is equivalent to stepping into society again. He has dealt with a series of things at home in the past two days, but has not yet carried out the specific application for compensation. The specific amount of compensation should be based on the time he put forward and also depends on the starting time. At present, Zhang Yuhuan has not applied for compensation, so there is no way to determine.

Lawyer: you can apply for compensation of about 4.58 million yuan

On Zhang Yuhuans follow-up compensation, the reporter interviewed lawyers from Beijing Jingshi law firm. According to the lawyer, according to public reports, Zhang Yuhuan began to lose his freedom from October 27, 1993. On August 4, 2020, Jiangxi high court ruled Zhang Yuhuan innocent, totaling 9778 days.

According to the State Compensation Law and other relevant provisions, he can claim compensation for infringement of personal freedom and spiritual damage, and if Zhang Yuhuan is physically injured, he can also claim compensation for life and health.

According to the public data, the average annual wage of Chinese employees in 2019 is 346.75 yuan / day, and the compensation for infringement of personal freedom can be claimed as 3390521.50 yuan (346.75 yuan / day u00d7 9778 days).

Generally, the compensation for mental injury does not exceed 35% of the total compensation for personal freedom and life and health, that is, 1186682.53 yuan. In this way, Zhang Yuhuan can basically claim compensation of 4577204.03 yuan.

Ex wife song xiaonu: Im not afraid of fighting for my husband and children

Zhang Yuhuan married his ex-wife song xiaonu in 1988 and had two sons. In order to make a living and the future of her two sons, song xiaonu decided to remarry and signed a divorce agreement with Zhang Yuhuan 21 years ago.

In the more than 20 years since Zhang Yuhuan left his hometown, everything has changed, but his ex-wife song xiaonu has never wavered in his support. Not long ago, Zhang Yuhuan received a new mobile phone that song xiaonu bought him to help him adapt to his life. This made him feel like he went back to the scene when the husband and wife were together.

And song xiaonu talked about her efforts for Zhang Yuhuan over the years and firmly said: a woman, for the sake of her children and her husband, can fight for her life. Im not afraid.

Lawyer Zhang Yuhuan: they are still husband and wife in the sense of law

As for the relationship between Zhang Yuhuan and song xiaonu, Zhang Yuhuans lawyer Shang Manqing said that they were still husband and wife in the legal sense, but Zhang Yuhuans personality should not be forced to stay. Because song xiaonu left him not because of the broken relationship with Zhang Yuhuan, but because she couldnt take two children alone.

Brother Zhang Yuhuan: Zhang Yuhuan is in good mental state at present

Zhang Minqiang, Zhang Yuhuans brother, said that Zhang Yuhuan had been out of touch with the society for a long time. When he left home, he still rode a bicycle and didnt even have a mobile phone.

According to Zhang Minqiang, Zhang Yuhuan is not as good at electronic products as a child of two or three years old. Yesterday, he just started to learn to use his mobile phone. I was heartbroken when he sent video. He didnt know how to use it. He put it beside his ear. I asked him to put it in his hand. He looked at it as if he was watching a cartoon. I was distressed. I wanted to go away, so he grabbed my hand and wouldnt let me go. When I look at him, I think of my two-year-old granddaughter. Her video with my father is very smooth. Zhang Yuhuan is not as good as a two-year-old child.

Zhang Yuhuan hard to adapt to society: like a newborn, he needs a little teaching

Zhang Yuhuan got up before 6:00 in the morning of August 6. At home, he groped for the place of toothbrush, toothpaste, towel and other daily necessities. His son Zhang Baogang told him patiently, but his father seemed to forget it again. Zhang Yuhuan said that it might be that he had just returned home with too many things, or that he had been in for too long, and his memory became worse when he came out.

He took a small piece of cardboard and wrote down the names of his daughter-in-law and his grandchildren with beads. He could not remember them again. He copied them again and put them on the box beside his bed.

Before Zhang Yuhuan went home, their two sons Baoren and Baogang agreed to buy a smart phone for his father, so that he could video with his grandchildren in the distance. On the first day of returning home, Zhang Yuhuan learned to call under the guidance of his son. Baogang saved all the family members calls in advance in the mobile phone directory: Minqiang, Xiaofan, xiaonu, Baoren

In August of Nanchang, its extremely hot. The old house has no air conditioning. Baogang lets his father blow an electric fan to enjoy the cool. Zhang Yuhuan stares at the fan and asks curiously, how can this fan shake its head?

The recent 27 years imprisonment is as sharp as a knife, which separates Zhang Yuhuan from modern society. His thinking seems to be still in 1993 before the accident. He told Zhang Baogang that the most important thing was to solve the housing problem. He planned to spend 20000 yuan and 30000 yuan to build a new house on the foundation of his old house. Zhang Dong, who has just built a house in the countryside

Ah, hundreds of thousands? Zhang Yuhuan looked at his son in surprise, as if he had heard astronomical figures.

Zhang Baogang said that as soon as his father came out, he was like a newborn. He needed to teach him a little bit, when he knows that farming doesnt make money now, he will change his mind. He and his brother plan to take turns to accompany his father for a year until he gets used to life.

The court explained three reasons for changing the judgment

After Zhang Yuhuan submitted a criminal complaint to Jiangxi Higher Peoples Court on August 22, 2017, Jiangxi Higher Peoples court made a retrial decision on March 1, 2019, and held a public hearing on July 9, 2020.

In the process of retrial, Zhang Yuhuan and his defense lawyers pointed out that Zhang Yuhuans guilty confession was caused by torture, the material evidence on the case could not be related to the victim or the facts of the crime, there were contradictions between the main evidences, the original trial violated the legal procedure in protecting the defendants right to defense, and affected the fair trial.

In the retrial judgment, Jiangxi Provincial High Court held that the facts and evidence of Zhang Yuhuans crime were not clear and the evidence was insufficient. According to the principle of no suspected crime, Zhang Yuhuan can not be found guilty. The Jiangxi Provincial High Court cited the reasons for changing Zhang Yuhuans innocence

Firstly, the hemp bag and rope used as tools of crime are not related to the case or Zhang Yuhuan after investigation; the original trial found that the victim scratched the back of Zhang Yuhuans hand according to the examination of human body injury, which can only prove that the scar can be formed and is not exclusive;

Second, there is no evidence related to the scene of the investigation;

Thirdly, Zhang Yuhuans two Confessions of guilt have obvious contradictions in the killing place, the tools and the process of committing crimes. The authenticity of the confession is questionable and can not be used as the basis for deciding a case according to law;

Chief judge Tian Ganlin said that in addition to Zhang Yuhuans guilty confession, there was no direct evidence to prove that Zhang Yuhuan had committed a crime, and indirect evidence could not form a complete chain.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }Zhang Yuhuan talks about his ex-wife song xiaonu: Im afraid Ill shake hands like a friend if Im too excited. Song xiaonu tearfully asks: is it OK to pursue responsibility? Are you asking too much? Zhang Yuhuan was wrongly sentenced to 27 years of life, although can not be recovered, but justice must be recovered, Zhang Yuhuan 26 years later acquitted, still can not wash away the suspicion of his body, behavior is too strange. Source: public network responsible editor: Zhao Yaping_ NN9005