Wu Weikang, a man from Suzhou, Jiangsu Province, was unfortunately involved in a criminal lawsuit during a persuasion fight, and was finally sentenced to two years in prison for negligence causing death, but during the retrial of the case, the prosecution withdrew the prosecution and Wu Weikang was able to clear his name.
On June 30, the Suzhou Industrial Park Court ruled to give Wu Weikang 430,000 yuan in state compensation, but Wu Weikang was not satisfied with this amount and submitted an application for a retrial to the court, hoping to get more just compensation.
The incident originated from a winter day in early 2017, in Fangzhou Park, Suzhou Industrial Park, Wu Weikang accidentally witnessed an elderly man, Chen, insulting a female doctor in public.
Out of public morality, Wu Weikang stepped forward to persuade Chen not to speak ill of people and try to calm the situation. This seemingly insignificant intervention became the fuse for future conflicts between the two.
A few months later, in the early morning of May 26, Wu Weikang was doing daily exercise in Fangzhou Park and met Chen.
In the face of provocation, Wu Weikang stepped forward to theorize, hoping to resolve the contradiction. However, the emotions between the two sides gradually escalated into a physical altercation.
During the conflict, Wu Weikang and Chen chased around the metal balance beam equipment in the park, Wu Weikang tried to avoid the other party's attack, Chen chased after him, grabbed Wu Weikang's clothes, the two lost their balance in the push, and fell to the ground together, unfortunately, Chen's lower back hit the hard balance beam, causing serious injuries.
That night, Chen was rushed to the hospital for treatment, but unfortunately, 19 days later, Chen died due to his injuries and his poor health. Wu Weikang was immediately arrested by the police on suspicion of intentional injury and entered into a lengthy judicial process.
The results of the forensic examination showed that Chen's death was related to severe trauma to his lower back, which in turn led to abdominal infection and multi-organ failure. It is worth noting that Chen's own underlying diseases and long-term use of anticoagulant drugs also accelerated the deterioration of his condition to a certain extent, which played a role in promoting the outcome of death.
Wu Weikang always insisted that he accidentally caused Chen's injury in self-defense, and never intended to hurt the other party.
In 2019, Wu Weikang was convicted of negligence causing death by the court of first instance, sentenced to two years in prison, and required to pay more than 325,600 yuan in compensation. However, in 2020, the Suzhou Intermediate People's Court held that the facts of the original judgment were unclear and remanded the case for retrial. In the process, the prosecution withdrew the indictment against Mr. Wu as new evidence emerged.
In 2022, the Industrial Park Procuratorate made a decision not to prosecute.
After Wu Weikang was acquitted, he filed an application for state compensation with the Suzhou Industrial Park Court, including 2 million yuan in compensation for personal freedom, 2 million yuan in solatium for mental damages, 250,000 yuan in travel expenses and attorney fees, and 295.75 million yuan in losses in stocks and digital currency caused by improper detention, with a total claim amount of 300 million yuan.
The Suzhou Industrial Park Court finally ruled that Wu Weikang should be compensated 430,000 yuan, which included compensation for personal freedom and solatium for moral damages, but did not cover other losses raised by Wu Weikang, especially the loss of stocks and digital currency, which the court held did not fall within the statutory scope of state compensation.
Wu Weikang expressed dissatisfaction with this, and not only refused to accept compensation, but also demanded that the relevant prosecutors and judges in the case be held accountable, arguing that his acts of righteousness and courage and legitimate defense were not fully recognized by law. He hopes that through the retrial, he will not only clear his name, but also speak up for the rights and interests of those who have acted bravely in similar circumstances.
The purpose of the State compensation mechanism is to compensate for the unlawful infringement of citizens caused by public authorities in the exercise of their powers. Depending on the nature of the violation, the burden of reparation is usually borne by the organ that committed the violation, such as a public security organ, a procuratorate or a court.
The calculation of the amount of compensation is based on the specific circumstances of the infringement of the citizen's personal freedom, right to life and health, etc., including but not limited to the daily compensation, medical expenses, nursing expenses, etc., calculated from the average daily wage.
Zhao Liangshan, a well-known criminal defense lawyer, pointed out that according to the State Compensation Law, the losses of stocks and digital currencies proposed by Wu Weikang are indirect economic losses and uncertainties, and do not fall within the scope of state compensation.