A man in Suzhou, Jiangsu Province, was sentenced to two years in prison for accidentally causing death during the persuasion process. When the case entered the retrial stage, the procuratorate decided to withdraw the indictment. According to a June 30 report by Huashang Daily Gale News, the man, Wu Weikang, confirmed that he had received a state compensation decision from the Suzhou Industrial Park Court the day before. However, on July 1, the 43-year-old Wu Weikang publicly expressed his disagreement with the court's decision of 430,000 yuan in state compensation, and submitted materials to the court requesting a retrial of the case.
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Seven years ago, Wu Weikang insisted on helping a scolded female doctor because of his righteousness, and married 64-year-old Chen, and the final situation turned out to be beyond expectations. Wu Weikang insisted that his actions were righteous and fell under the category of self-defense.
According to Wu Weikang's recollection to reporters, on January 31, 2017, Chen openly insulted a female doctor who had treated him in Fangzhou Park, Suzhou Industrial Park, and he only persuaded her to stop the abuse, so the two had an entanglement for the first time.
Until around 5 o'clock in the morning on May 26 of the same year, Wu Weikang felt that Chen was looking at him with provocative eyes during his morning exercise in the park, and then he was insulted, so he stepped forward to reason with him, and a physical conflict broke out between the two parties. Wu Weikang described that when trying to bypass the metal balance beam in the fitness area to avoid Chen's chase, Chen grabbed the placket of his clothes, and the two sides fell in the pull, unfortunately, Chen hit the balance beam in his waist when he fell to the ground, and his injuries were serious, and he died 19 days after being admitted to the hospital.
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Eyewitness testimony supported that Wu Weikang did not launch the attack first, saying: "On the day of the incident, the two were originally separated by about 20 meters. Xiao Wu walked towards Lao Chen, not knowing what they were talking about, and then Lao Chen became emotional, spoke obscenities at Xiao Wu and punched Xiao Wu in the chest, and then chased and beat Xiao Wu. Xiao Wu dodged in circles and shouted 'his hand first', and the two eventually got tangled together. ”
At 8 o'clock that night, Chen was admitted to the hospital for treatment. Unfortunately, 19 days after the incident, on June 13, Chen died of serious injuries. Subsequently, Wu Weikang was arrested by the police on suspicion of intentional injury.
The results of the forensic examination showed that the cause of Chen's death was a huge right retroperitoneal hematoma caused by an injury to his right lower back, which further led to abdominal compartment syndrome, followed by abdominal infection and multi-organ failure. The medical examiner also pointed out that Chen's own pre-existing health problems and his continued use of anticoagulant drugs also accelerated the death process to a certain extent.
The case went through twists and turns, and Wu Weikang was initially sentenced to two years in prison for negligent death and required huge compensation, but at the retrial stage, the prosecution chose to withdraw the case due to the emergence of new evidence. In July 2022, the Suzhou Industrial Park Procuratorate finally made a decision not to prosecute, determining that Chen's death was the result of a combination of factors, of which Wu Weikang, Chen and the hospital involved should bear 35%, 35% and 30% of the liability respectively, with a total compensation of more than 1.42 million yuan.
Against this backdrop, Wu Weikang filed an application for state compensation with the Suzhou Industrial Park Court in March 2024, emphasizing that he was innocently involved in the fight and legitimate defense out of good faith. In addition to seeking compensation for the loss of two years of wrongful detention, he singled out the profound impact of the experience on him and his family: family breakdown, estrangement of parent-child relationship, physical and mental devastation to his mother, forced auction of her property, and difficult life.
Furthermore, Wu Weikang emphasized that he was wrongfully held responsible, resulting in serious damage to personal property, including stocks and digital currency investments, especially the liquidation of the Dogecoin account that could not be managed during the detention period, as well as the indirect economic losses caused to customers due to the inability to work normally as an investment adviser, and accordingly submitted six compensation claims, including the above-mentioned financial asset losses, with a total claim amount of up to 300 million yuan, in an effort to fully recover his personal reputation and economic losses.
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Accordingly, Wu Weikang specifically listed six compensation claims to the Suzhou Industrial Park Court: including a request for compensation of 2 million yuan for the loss of restricting personal freedom; 2,000,000 yuan for mental damages; A total of 250,000 yuan of reasonable expenses incurred by me and my family members for travel and lawyer arising from the case; In addition, special emphasis is placed on the direct economic losses caused by improper detention, such as stocks and dogecoins, totaling 295.75 million yuan, and the total amount of claims is 300 million yuan.
He also strongly urged the relevant case-handling authorities to publicly apologize through various media channels in order to restore his reputation and eliminate the negative social impact of the case, and called for the main prosecutor and judge in charge of the case to be held accountable.
However, after accepting Wu Weikang's application for state compensation on April 29 this year, the Suzhou Industrial Park Court finally ruled at a hearing of the Compensation Committee held on May 20 after a series of review procedures: it only supported the compensation of 430,000 yuan for Wu Weikang, and did not support the economic losses caused by his detention such as stocks and dogecoin caused by his detention. Obviously, there is a big gap between the result of this ruling and Wu Weikang's expectations.
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On June 28, the Suzhou Industrial Park People's Court issued a state compensation decision clearly stating that in accordance with the relevant provisions of the State Compensation Law, in view of the fact that Wu Weikang's negligence caused death case had been issued by the Suzhou Industrial Park People's Procuratorate, it was formally decided not to prosecute Wu Weikang.
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Under the law, Wu Weikang was entitled to state compensation, and the Suzhou Industrial Park Court, as the body that initially found him guilty, became the subject of compensation. Wu Weikang was detained for a total of 730 days from his criminal detention on July 26, 2017, until his release on July 25, 2019. According to the latest standard of the Supreme People's Court on May 20, 2024, the daily compensation is 462.44 yuan, so the total amount of compensation to be paid is 337,581.2 yuan. In addition, in consideration of his moral damages, the court decided to give him a solatium of 100,000 yuan for moral damages, and at the same time apologized in person and explained the situation to his work unit and residential community to eliminate the adverse effects.
With regard to Wu Weikang's claim for compensation for indirect economic losses such as stocks and Dogecoin caused by his detention, the court held that these did not fall within the statutory scope of state compensation, so it did not support it. In this regard, Zhao Liangshan, a well-known criminal defense lawyer, explained that state compensation is mainly aimed at direct restrictions on personal freedom and direct property losses, and the volatility of stocks and digital currencies is large, and its losses are difficult to directly attribute to detention, so they do not belong to the scope of compensation.
Wu Weikang expressed dissatisfaction with the compensation decision, refused to accept the 430,000 yuan compensation and apology, insisted on holding the procuratorate responsible, and submitted materials to apply for a retrial, hoping that the court would find that his actions were righteous and courageous and justified defense. Lawyer Zhao Liangshan further pointed out that if Wu Weikang is not satisfied with the current ruling, he can apply to the higher court for reconsideration within 30 days in accordance with the provisions of the State Compensation Law, and the higher court will review and make a ruling again.