Summary: In 2021, a case occurred in which a cleaner was crushed and killed during a nap in a garage. The driver involved in the boiling air was acquitted. Although the case came to an end, during the entire process of handling the case, the driver involved was detained for 366 days, causing serious physical and mental damage. His family was also exhausted due to the case, and a normal family member fell into a cold winter. Subsequently, the driver involved applied for nearly 660000 yuan of national compensation, and now only 210000 yuan is supported.
Case Review:
On September 30, 2021, a 68 year old property cleaner lay taking a nap in the underground garage passage of a residential area in Anyang, Henan. Unfortunately, he was run over by a car and died on the spot. The driver involved, named Zhang Haiju, was a resident of the community who drove home. He was criminally detained on the same day.
The People's Procuratorate of Tangyin County accused Zhang Haiju of causing death through negligence. On October 14, 2021, Zhang Haiju was officially arrested. After the incident, someone repeatedly conducted a "case reconstruction" experiment at the scene. At the scene of the incident, corresponding reference objects were placed based on the actual situation of the case, and the conclusion was drawn that the location was in a driving blind spot, meaning that any driver would crush the deceased.
On April 11, 2022, the case was heard in the People's Court of Tangyin County. After Zhang Haiju was detained for 366 days, on October 20, 2022, the People's Court of Tangyin County ruled in first instance that Zhang Haiju was not guilty. Afterwards, Zhang Haiju applied to the People's Procuratorate of Tangyin County for a total of nearly 660000 yuan in national compensation. The court believes that the defendant Zhang Haiju caused the death of the lying victim while driving a motor vehicle to the entrance of the underground garage, without subjective intent or negligence. His behavior did not meet the constitutive requirements of the crime and did not constitute a crime.
Although Zhang Haiju's behavior does not constitute a crime, there is a causal relationship between his behavior and the result of the damage, which meets the constitutive requirements of civil infringement and should bear corresponding civil compensation liability. The court ultimately determined the compensation amount to be 530813.1 yuan based on the degree of fault of both parties, among which Zhang Haiju bears 60% of the civil compensation liability, and the insurance company compensates the plaintiff in the incidental civil litigation for a total of 390487.86 yuan.
Latest developments:
After being found innocent, Zhang Haiju regained his freedom and was initially adjusted and restored. On May 23, 2023, Zhang Haiju submitted a "National Compensation Application" to the Tangyin County People's Procuratorate, requesting compensation of nearly 700000 yuan and requesting the Tangyin County People's Procuratorate to admit his mistake, publicly apologize, and restore Zhang Haiju's reputation. On July 21, 2023, the People's Procuratorate of Tangyin County issued a criminal prosecution compensation decision, deciding to compensate Zhang Haiju with a total amount of 215901.74 yuan.
According to the compensation decision, the compensation amount for Zhang Hai Giant's personal freedom is calculated based on the 2022 national average daily wage standard of 436.89 yuan per day; Zhang Haiju was held in innocent custody for 366 days, causing mental damage and serious consequences. Taking into account factors such as the original conviction, detention time, and the overall level of local economic and social development, the compensation for mental damage is determined to be 35% of the personal freedom compensation, and within the scope of the impact of the infringement, he is required to eliminate the influence, restore his reputation, and apologize; The request to initiate accountability for the investigators of the original case of death caused by negligence is not a matter for review in national compensation cases. It is hereby decided to pay Zhang Hai Giant a personal freedom compensation of RMB 159901.74 (436.89 yuan x 366 days); Pay compensation of RMB 56000 (159901.74 x 35%) to Zhang Haiju for mental damage; Within the scope of the impact of the infringement, eliminate the impact, restore reputation, and apologize for Zhang Haiju. The decision is dated July 21, 2023.
On August 11，2023, according to Jimu News, Zhang Haiju was unable to accept the result and could not perceive the attitude of the People's Procuratorate of Tangyin County in admitting mistakes. Moreover, the handling process made people physically and mentally exhausted, and they suffered serious psychological harm. Therefore, we will apply for reconsideration in accordance with the law.
For the follow-up of this case, the direction of public opinion varies. Some people do not understand Zhang Haiju's behavior, believing that he should be satisfied with the current acquittal verdict and should be satisfied with the amount of compensation. Some people also support Zhang Haiju's approach, support him in using legal weapons to defend his rights, and express deep sympathy for his situation.
In this case, the game between public opinion and the judicial authorities is evident. How to free judicial organs from the constraints of public opinion and safeguard the rights and interests of the parties to the greatest extent is an eternal legal proposition.