Under what circumstances can criminal compensation be sought?
(11.14.2007)

According to the applied provisions stated in the law of the People’s Republic of China on State Compensation, where government agencies and their personnel who exercise the functions and powers of detection, prosecution, adjudication and administration of prison cause any of the following infringements upon personal rights when exercising their functions and powers, the aggrieved person shall have the right to recover damages as follows:

(1) the wrong detention of a person without criminal facts or without facts evidencing the person with gross criminal suspicion;

(2) the wrong arrest of a person without criminal facts;

(3) an adjudication of innocence is given to change an original sentence in the retrial in accordance with the procedure for retrial supervision, and the original sentence of penalty has been executed;

(4) the bodily injury to or the decease of a citizen caused by arranged torture or violent acts such as battery or abetting others in battery;

(5) the bodily injury to or the decease of a citizen caused by the unlawful use of a weapon or police apparatus;

(6) a measure, such as the sealing up, distraint, freezing or recovery of property in violation of law; or

(7) an adjudication of innocence is given to change an original sentence in the retrial in accordance with the procedure for retrial supervision, and the original court supervision of fine or confiscation of property has been executed.