[Examination Network Collection — 95] How to apply the law when the termination of criminal compensation cases is terminated

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When the termination review of criminal compensation cases

How to apply the law

Consultation category: legal and policy

Consultation content: Article 46 of the "State Regulations on the Work of People's Procuratorate" stipulates that the suspension of criminal compensation cases is not stipulated in the case of termination of criminal compensation cases. In practice, after the case is filed, the criminal compensation requestant to withdraw the application for criminal compensation, how to apply the law when it is terminated?

The highest test expert group: After research, during the period of the procuratorial organs handling criminal compensation cases, the compensation request request for the withdrawal of compensation can be required. For consultation content, our tendency is:

First, there are questions about whether there is a clear legal basis. Laws and judicial interpretations such as the National People's Republic of China and the State Provisions of the People's Procuratorate's National Compensation Work "have not made it clear about the above issues. Essence

Second, about how to deal with. The right to compensate for the claim is a legal right of the victim, legal person, and other organizations. The compensation requestant has the right to exercise and abandon the right of the right. The procuratorial organs shall be respected by the right of their rights based on the true meaning. At the same time, the procuratorial organs shall respect. The act of withdrawal of compensation for compensation should also be made reasonable constraints. In judicial practice, the procuratorial organs shall focus on whether to withdraw the compensation application in writing in writing, whether the withdrawal of compensation applications is the true meaning of the compensation request, and the withdrawal of compensation applications will harm the legitimate rights and interests of the country, collective or others. After review, the application for the withdrawal compensation is indeed the true meaning of its true meaning and does not harm the legitimate rights and interests of the state, collective or others, shall agree. Article 9 of the "Supreme People's Court on the Procedure of the People's Court of Self -Compensation Cases" and Article 24 of the "Provisions for the Procedure of Public Security Organs for National Compensation Cases" can be used as a reference for the case.

Third, what kind of documents are used. The procuratorial organs handle the compensation request requestant to withdraw the compensation application, and have successively used documents such as the "Decisions for the Application of Compensation (Review) Decision)" Decision on Criminal Compensation Cases "and other documents. Decision". Therefore, the compensation requestant's application for compensation and the prosecutor's decision to terminate the review may use the "Compensation Case to Terminal Examination Decision". The document clearly states the withdrawal time and reasons for the withdrawal of the application, the review situation and the decision to terminate the review.

Fourth, after the procuratorial organs agreed to compensate the request request to withdraw the compensation application, the compensation request person to apply for compensation again. In this regard, there is no clear specification that will not be accepted. If the compensation requestant shall apply for compensation again within the timeliness stipulated in Article 39 of the State Compensation Law, unless the procuratorial organs should be accepted in principle unless the procuratorial organs have clearly expressed their right to abandon their rights in the original withdrawal application. (Prosecutor's Daily)

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