國(guó)家賠償法word版(編輯修改稿)
2024-09-17 19:25 本頁(yè)面
【文章內(nèi)容簡(jiǎn)介】 he right to pensation if an organ in charge of investigatory, procuratorial, judicial or prison administration work, or its functionaries, infringe upon his right of the person in the exercise of its functions and powers in any of the following circumstances: (1) Wrong detention of a person without incriminating facts or proof substantiating a strong suspicion of the mission of a crime。 (2) Wrong arrest of a person without incriminating facts。 (3) Innocence is found in a retrial held in accordance with the procedure of trial supervision, but the original sentence has already been executed。 (4) Extortion of a confession by torture or causing bodily injury or death to a citizen by using or instigating the use of violence such as beating one up。 or (5) Causing bodily injury or death to a citizen by the unlawful use of weapons or police restraint implements. Article 16 The victim shall have the right to pensation if an organ in charge of investigatory, procuratorial, judicial or prison administration work, or its functionaries, infringe upon property rights in any of the following circumstances: (1) Unlawfully taking measures such as sealing up, distraining, freezing or recovering a property。 or (2) Innocence is found in a retrial held in accordance with the procedure of trial supervision, but the fine or confiscation of property in the original sentence has already been executed. Article 17 The State shall not be liable for pensation in any of the following circumstances: (1) The taking into custody or sentencing being due to a citizen39。s own intentionally made false statements or fabricated evidence of guilt。 (2) The person taken into custody being one not liable for criminal responsibility in accordance with Articles 14 and 15 of the Criminal Law。 (3) The person taken into custody being one who shall not be investigated for criminal responsibility in accordance with Article 11 of the Criminal Procedure Law。 (4) Individual acts of functionaries of organs in charge of investigatory, procuratorial, judicial or prison administration work of the State, which have nothing to do with the exercise of their functions and powers。 (5) Damage being caused by intentional acts of a citizen such as selfwounding and selfmutilation。 or (6) Other circumstances as stipulated by law. Section 2 Claimants to Compensation and Organs Liable for CompensationArticle 18 Claimants to pensation shall be determined in accordance with the provisions of Article 6 of this Law. Article 19 If an organ in charge of investigatory, procuratorial, judicial or prison administration work, or its functionaries, infringe upon the rights and interests of a citizen, a legal person, or other organizations, in the exercise of its functions and powers, thereby causing damage to the victims, that organ shall be the organ liable for pensation. If a person is wrongly detained without incriminating facts nor proof substantiating a strong suspicion of the mission of a crime, the organ deciding on the detention shall be the organ liable for pensation. If a person is wrongly arrested without incriminating facts, the organ deciding on the arrest shall be the organ liable for pensation. If a person is adjudged not guilty in a retrial, the people39。s court passing the originally effective sentence shall be the organ liable for pensation. If a person is adjudged not guilty by a court of the second instance, the lower court passing the original sentence and the organ deciding on the arrest shall be the organs jointly liable for pensation. Section 3 Compensatory ProcedureArticle 20 An organ liable for pensation shall pay the pensation if its involvement in any of the circumstance stipulated in the provisions of Articles 15 and 16 of this Law has been lawfully confirmed. If a demand for confirmation of the presence of one of the circumstances stipulated in the provisions of Articles 15 and 16 of this Law has been made by a claimant to pensation and is not satisfied by the organ to which the demand was made, the claimant to pensation shall have the right to bring an appeal. A claimant to pensation shall first apply to the organ liable for pensation in making a demand for it. The provisions of Articles 10, 11 and 12 of this Law shall be applicable to the pensatory procedure. Article 21 An organ liable for pensation shall pay p
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