Original title: Heilongjiang police were wrongly sentenced to ten years of appeals to the supreme law, the acquittal 280 thousand
Zhang Dezhong, a former traffic policeman in Wudalianchi City, Heilongjiang Province, pleaded unjust for 10 years after being sentenced for illegal logging, and appealed all the way to the Supreme Law. Finally, after the supreme law retrial, the Heilongjiang High Court retrial and sentenced him to be innocent. Later, he put forward a total of 791 yuan of state compensation.
Recently, the China Judicial Documents Network published the "National Compensation Decision on Zhang Dezhong's Innocence Compensation in Retrial" issued by the Heihe Intermediate Court. The Heihe Intermediate Court decided to pay Zhang Dezhong 234625.76 yuan in compensation for personal freedom, 50,000 yuan in compensation for mental damage, and to remove Zhang Dezhong's influence, restore his reputation and make a face-to-face apology to Zhang Dezhong. Apologized; dismissed Zhang Dezhong's claim for other state compensation.
For the production of silkworms, the tree was sentenced, and ten years of innocence was acquitted.
Zhang Dezhong, born in 1954, was a policeman from the traffic police brigade of the Wudalianchi National Nature Reserve. After the second-line work, he contracted the local Yongan sericulture farm.
According to the compensation decision, in March 2006, Zhang Dezhong applied for rotation pruning in his contracted silkworm farm, which was approved by the silkworm industry of Wudalianchi City, but he did not apply to the competent forestry authorities for approval. In the absence of a cutting license, he personally implemented and hired people to cut down 610 oak and birch trees in the silkworm farm and accumulated 23.4735. It is priced at 5438.82 yuan by the Forestry Department of Wudalianchi.
After logging, Zhang Dezhong employed part of the forest at the cost of 100 yuan per vehicle.
On April 22, 2006, Zhang Dezhong was detained by the Heilongjiang Forestry and Forestry Public Security Bureau on suspicion of illegal logging, and was arrested on bail pending trial. On August 14, the court of Wudalianchi City handed down a first-instance judgment, holding that Zhang Dezhong, for the purpose of illegal possession, cut down trees in his contracted silkworm farm without authorization, which constituted a crime of illegal logging. Zhang was sentenced to three years'imprisonment and a fine of 6,000 yuan.
Since then, Zhang Dezhong has been on the road of crying for 10 years.
After the judgment was pronounced in the first instance, Zhang Dezhong appealed to the Heihe Intermediate Court, which maintained the original judgment; Zhang Dezhong appealed to the Heihe Intermediate Court and was rejected; Zhang Dezhong appealed to the Heilongjiang Provincial High Court, which issued a notice of rejection on October 12, 2009.
Zhang Dezhong still refused to accept the application for retrial to the supreme law.
According to the compensation decision, on October 9, 2012, the Supreme Court of Heilongjiang issued an order for retrial after the review of the Supreme Law. Four years later, on Dec. 2, 2016, the Heilongjiang High Court decided that Zhang Dezhong was not guilty of illegally occupying forest trees because he cut down the trees in the silkworm farm to produce silkworms.
The Heilongjiang High Court held that Zhang Dezhong's actions violated the relevant provisions of the Forest Law of the People's Republic of China and damaged the forest resources by cutting 610 trees in the silkworm rotation farm without the forest cutting license issued by the competent forestry authorities. However, in their own contracted silkworm farms, the special oak trees for silkworm rearing were cut by rotation after being reported to the sericulture management department for approval, and the clumps outside the oak trees were cleaned up, which conformed to the relevant documents of the then Wudalianchi Municipal Government and the requirements of the technical regulations for the production of tussah silkworm, and belonged to the operation behavior of the silkworm farms.
For more than 791 yuan of state compensation, the court decided to pay more than 28 yuan.
After being acquitted from the retrial, Zhang Dezhong filed a total of 791,4324 yuan compensation application with the Heihe Intermediate Court, the organ responsible for compensatory obligations.
Zhang Dezhong said that during the 10 years, from being detained to serving a sentence to appealing for compensation, he caused great physical and mental harm to his family and caused great pain, so he applied to the Heihe Intermediate Court for state compensation.
In addition to personal freedom compensation and spiritual consolation, Zhang Dezhong also proposed compensation for three years of sericulture business losses, loss of post allowance wages, appeal fees, medical fees and so on.
According to the compensation decision, Zhang Dezhong was commuted for nine months during his detention, and the Heihe Public Security Bureau has decided to resume Zhang Dezhong's official duties.
The Heihe Intermediate Court holds that it should compensate Zhang Dezhong for 824 days of punishment for infringement of his personal freedom, and should compensate for the spiritual damages and apologize. However, Zhang Dezhong's application for compensation for other losses does not fall within the scope of criminal justice compensation stipulated in the State Compensation Law of the People's Republic of China and is not a direct loss caused by the judicial acts of the people's court, so he is not supported.
On July 19, 2018, the Heihe Intermediate Court made a compensation decision, paying Zhang Dezhong's personal freedom compensation of 234625.76 yuan; paying Zhang Dezhong's spiritual damages of 50,000 yuan; removing the impact of Zhang Dezhong, restoring his reputation, and apologizing to Zhang Dezhong in person; rejecting Zhang Dezhong's other state compensation applications.
Editor in chief: Zhang Yan
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