The man was sentenced for negligence causing the death of a 64-year-old man after the fight, and after the lawsuit was withdrawn, he refused to accept 430,000 yuan in state compensation

A man in Suzhou, Jiangsu Province was sentenced to two years in prison for causing death by negligence after being persuaded to fight, and the prosecution withdrew the case while the case was remanded for retrial.

On June 30, the party Wu Weikang confirmed to a reporter from Huashang Daily Gale News that he had obtained the state compensation decision of the Suzhou Industrial Park Court the day before. On July 1, 43-year-old Wu Weikang said that he did not accept the 430,000 yuan in state compensation awarded by the court, and had submitted materials to the court to apply for a retrial.

>>> discourage swearing and resentment

They fell to the ground together in the pushing and tearing, and 64 old men were hospitalized for 19 days and died

Wu Weikang told the Huashang Daily Gale News reporter that everything stemmed from the fact that he said a fair word for a female doctor seven years ago, and a dispute with Chen, who was 64 years old at the time, led to unexpected results. But from the beginning to the end, he considered himself to be righteous and courageous, and justified defense.

"The first time I crossed paths with Chen was on January 31, 2017, because he was in Fangzhou Park, Suzhou Industrial Park, and he was publicly insulting a female doctor in a hospital in Suzhou (where Chen had been treated), and I just dissuaded him from scolding people at that time."

At about 5 o'clock in the morning on May 26, 2017, when Wu Weikang was exercising in Fangzhou Park, he thought that Chen was looking at him with provocative eyes, and after being abused by the other party, he stepped forward to theorize, and the two had a physical conflict.

Wu Weikang said that he circled around the metal balance beam of the fitness equipment laid on the ground to avoid Chen's pursuit, Chen grabbed his clothes and did not let go, and the two fell to the ground together in the push and tear, and Chen was injured by the collision of his back into the balance beam.

The witness testimony confirmed that Wu Weikang did not take the initiative to attack Chen, "On the day of the incident, the two were 20 meters apart, and then Xiao Wu walked to Lao Chen's side, I don't know what the two said, Lao Chen began to get excited, scolding Xiao Wu 'I ××', Lao Chen punched Xiao Wu in the chest, and chased Xiao Wu to fight, Xiao Wu ran in a circle, and shouted 'He did it first', and then the two wriggled together." ”

At about 8 o'clock that night, Chen was hospitalized. On June 13, 19 days after the incident, Chen died after ineffective medical treatment. Wu Weikang was immediately arrested by the police on suspicion of intentional injury.

According to the forensic examination, Chen was a large right retromembranous hematoma secondary to the trauma of the right lower back and caused abdominal compartment syndrome, resulting in abdominal infection and death from multiple organ failure. The medical examiner also said that Chen's own underlying diseases and long-term use of anticoagulant drugs played a certain role in promoting the occurrence of his death.

>>> death is suspicious, there are many causes and effects

He was sentenced to two years in prison for causing death by negligence, and the prosecution dropped the case during the retrial

According to the relevant verdict obtained by the reporter, in March 2018, the park procuratorate charged Wu Weikang with the crime of intentional injury and filed a public prosecution with the park court. In May 2019, the park court sentenced him to two years in prison for the crime of causing death by negligence in the first instance, and compensated the plaintiff in the attached civil lawsuit more than 325,600 yuan. Wu Weikang appealed. In April 2020, the Suzhou Intermediate People's Court held that the facts found in the original judgment were unclear and remanded for a new trial.

Subsequently, the procuratorate demanded that the defendant Wu Weikang withdraw the indictment on the grounds that new evidence had emerged. In April 2021, the Park Court ruled to allow the procuratorate to withdraw the case. On July 20, 2022, the Industrial Park Procuratorate made a decision not to prosecute.

Wu Weikang believes that the new evidence is that the public security department conducted a medical fault appraisal of Chen's medical behavior after he fell. The appraisal opinion found that the hospital where the female doctor worked was at fault for Chen's diagnosis and treatment, and that there was a causal relationship between her medical negligence and the consequences of Chen's death, with the causal force being a secondary factor and the fault participation being 30%.

In June 2022, the Suzhou Industrial Park Court held that there were multiple causes and one effect in Chen's death, and comprehensively determined that Wu Weikang's compensation liability ratio was 35%, Chen himself should bear 35%, and the hospital should bear 30%.

>>> apply for state compensation

6 requests were made to claim 300 million for the loss of stock digital currency caused by detention

Wu Weikang always believed that he was "nosy" and courageous in the first place, and the legitimate defense was the last, which was triggered by Chen's active provocation, and he prevented Chen from insulting the female doctor to incur the other party's retaliation.

Wu Weikang said that the case had a significant impact on his life and family. After Wu Weikang and his wife divorced, the son has been living with his mother, and the father and son had little contact, plus he had a case, and in his son's mind, he became a criminal, and his mood was very low for a while.

When Wu Weikang was arrested, the old mother thought that she would never see him again, and she was very thin and often fainted suddenly. Because they wanted to compensate the victims, their house was auctioned off by the court, and the mother and son had to rent a house.

"In my case, the criminal grievances have been redressed, and I will apply for state compensation for two years in prison." In March 2024, Wu Weikang officially applied to the Suzhou Industrial Park Court for state compensation.

Wu Weikang said that he was wrongly held accountable for legitimate defense, which directly led to the loss of his stocks, digital currencies and funds, and the Dogecoin he purchased before his detention was cleared by the platform, and as an investment adviser of a securities company, he was unable to give advice to customers due to his detention, which caused economic losses to customers.

To this end, Wu Weikang filed six claims for compensation with the Suzhou Industrial Park Court - 2 million yuan in compensation for infringement of personal freedom; 2,000,000 yuan for mental damages; 250,000 yuan for reasonable expenses such as travel expenses and lawyer fees for himself and his close relatives; Due to improper detention, he lost 295750001 yuan in stocks, dogecoin and other losses, and the total amount of the above claims was 300 million yuan.

In addition, Wu Weikang demanded that the case-handling organs publicly apologize to him in the media at all levels, restore his reputation, and eliminate the negative impact of the case; At the same time, it is required that the prosecutor and judge in charge of the case be held accountable.

>>>>>> court to make a ruling

The compensation is 430,000 yuan, and the loss of stocks, dogecoin and other losses caused by detention is not within the scope of compensation and will not be supported

On April 29 this year, the Suzhou Industrial Park Court filed a case against Wu Weikang's application for court compensation. On 20 May, the Court's Compensation Commission held a hearing on the claim for compensation.

On June 28, the Suzhou Industrial Park Court's state compensation decision showed that the park court held that according to the relevant provisions of the "State Compensation Law", Wu Weikang's suspected negligence caused death, the park procuratorate had made a decision not to prosecute him, and decided not to prosecute him.

Accordingly, Wu Weikang enjoys the right to state compensation in accordance with the law. As the court that rendered the guilty verdict in the first instance, the park court is the organ obligated to pay compensation.

On July 26, 2017, Wu Weikang was detained. He was released on 25 July 2019 and was actually in custody for 730 days. According to the Notice on the Calculation Standards for Compensation for Infringement of Citizens' Personal Liberty in State Compensation Decisions Made in 2024 issued by the Supreme People's Court on May 20, 2024, the compensation for the infringement of citizens' personal liberty is calculated at 462.44 yuan per day, and Wu Weikang should receive compensation of 337,581.2 yuan.

With regard to compensation for moral damages, the State Compensation Law stipulates that during the review of this case, the Suzhou Industrial Park Court apologized to Wu Weikang in person, and went to his workplace and the community where his family lived to explain the situation, thinking that he would eliminate the impact and restore his reputation within the scope of his influence.

As for Wu Weikang's request for the procuratorate to restore his reputation and apologize to him, this request does not fall within the scope of this case because the procuratorate is not the organ with the obligation to compensate in this case.

During Wu Weikang's detention, his life, family, and work were affected, and his mental injury was suffered, and his request for compensation from the court for moral damages had a legal basis, and the court determined that he should be compensated 100,000 yuan for moral damages.

With regard to Wu Weikang's claim for losses in stocks, dogecoins, etc., caused by his detention, the Suzhou Industrial Park Court decided not to support the claim on the grounds that the matter did not fall within the scope of compensation for infringement of personal liberty as stipulated in the State Compensation Law.

>>> continue to appeal for retrial

The man did not accept the compensation decision and demanded that the prosecution be held accountable

On June 30, Wu Weikang told a reporter from Huashang Daily Gale News that he did not accept the state compensation decision and did not accept the apology from the park court.

"I don't accept the 430,000 yuan, nor do I accept their apology, and I demand that the prosecutor of the procuratorate be held accountable. I will continue to appeal the case for retrial, and I will ask the court to find out the truth of the case and determine my righteous and courageous behavior and legitimate defense. Now it is the procuratorate that does not prosecute me as a reason for my innocence, not the court that acquits me on the basis of facts. ”

On the morning of July 1, Wu Weikang submitted relevant appeal materials to the court.

>>> lawyer's statement

Indirect losses such as stocks, dogecoins, etc., are not covered by state compensation

Zhao Liangshan, a well-known criminal defense lawyer, believes that:

According to the State Compensation Law, the scope of state compensation includes: compensation for infringement of a citizen's personal liberty (such as wrongful detention), and the daily compensation is calculated according to the average daily wage of the state employee in the previous year; Compensation for infringement of citizens' right to life and health (e.g., bodily injury to the applicant by law enforcement agencies); pay the corresponding solatium for moral damages; Compensation for damage caused by infringement of the property rights of citizens, legal persons and other organizations (e.g. losses caused by wrongful disposal of the applicant's property by law enforcement agencies).

Zhao Liangshan said that in this case, Wu Weikang's claim that the losses caused by his detention of stocks, dogecoins, etc., are indirect economic losses, and the losses of stocks, dogecoins, etc. are quite uncertain, even if Wu Weikang is not wrongfully detained, there will be losses, therefore, no matter how large the amount of losses in stocks, dogecoins, etc., this indirect loss does not fall within the scope of state compensation, and Wu Weikang's claim has no basis in law.

Zhao Liangshan pointed out that if Wu Weikang is not satisfied with the ruling made by the Suzhou Industrial Park Court, according to article 24 of the International Compensation Law, if the claimant has objections to the method, item and amount of compensation, or if the organ with the obligation to compensate makes a decision not to compensate, the claimant may apply to the organ at the next higher level for reconsideration within 30 days from the date on which the organ with the obligation to compensate makes the decision to compensate or not to compensate. Subsequently, Wu Weikang may exercise the right to apply for reconsideration to the higher court of the Suzhou Industrial Park Court, and the higher court of the Suzhou Industrial Park Court will make a corresponding ruling in accordance with the law in light of the facts of the case.

Source: Huashang Daily Gale News