New State Compensation Law to Include Defendants Found Not Guilty

中国拟修法规定判决宣告无罪的被拘留逮捕者可获国家赔偿

Xinhua News, 2009-06-22

During its review process of draft amendments to the State Compensation Law, the Standing Committee of the National People's Congress approved state compensation for people “detained or arrested in accordance to criminal procedural rules whose cases were dropped, not prosecuted, or declared not guilty and not subject to further criminal investigation.” Defendants will no longer need to prove that officials acted “illegally” or contrary to procedural requirements. However, defendants initially detained or charged on criminal matters but later given administrative punishments or demerits will not qualify for compensation, which is approved and distributed by local government “compensation committees.”