By outdoor-nature-child.com On November 29, 2023, Han Yu walked out of a detention center after his robbery conviction was downgraded to theft. Previously sentenced to a total of 25 years for what was deemed a robbery of 126 yuan, Han’s final sentence was adjusted to just nine months. After spending over three years in custody, well beyond his adjusted sentence, Han sought compensation for his extended detention, citing 933 days of illegal imprisonment. His requests, both to the Lixin Court and the Bozhou Intermediate Court, were denied.
Professor Wu Hongyao from China University of Political Science and Law explained that the country’s compensation law mainly adheres to a principle of “wrongful incarceration compensation,” meaning that compensation is only granted when a person is found innocent. Since Han was determined to be guilty even after the conviction was altered, his case fell outside of the compensation framework.
Legal experts have voiced the need for improvements in the national compensation law, emphasizing the necessity for individuals who have experienced infringement of their rights during judicial proceedings to receive appropriate compensation. They argue that such changes are essential for the advancement of the rule of law.
Han contends that he was under the influence when he entered a neighbor’s home. He recounted the events of May 4, 2020, when, after a night out with friends, he discovered an unlocked door at a nearby house and went inside. “I was in there for less than a minute before the old man woke up,” Han said. Realizing he was not alone, he panicked, grabbed a piece of clothing, and fled with 126 yuan he found inside.
The next day, 88-year-old Jiang Xueyi reported the incident to the police, claiming two men had broken in and robbed him, with one holding him down while the other searched for valuables. Han quickly learned of the police report through a friend and confessed to the theft rather than robbery, explaining that he had no prior criminal record and had been running a small business nearby.
A few days later, Han, accompanied by a local party official, visited Jiang to apologize in person, bringing gifts of liquor and cigarettes, as well as offering 200 yuan as a gesture of goodwill. “I thought that would resolve the matter,” Han recalled. However, three months later, he was abruptly taken by police while working at the market.
During his initial police questioning, Han stated that he had fled without any physical contact with Jiang. However, during a subsequent interrogation, he claimed to have pressed the elderly man’s chest briefly. This change in testimony led the Lixin Court to convict him of robbery on November 27, 2020, sentencing him to 11 years in prison.
After appealing, the Bozhou Intermediate Court found the facts unclear and ordered a retrial. Throughout the process, Han maintained that he never physically harmed the victim. Witnesses, including the local party secretary, confirmed that Jiang himself stated Han was not one of the men who had attacked him.
Despite these testimonies, the Lixin Court reconvicted Han in November 2021 of robbery but reduced his sentence to four years, explicitly noting that although Han had committed robbery, the punishment did not suitably reflect his guilt. Han initially appealed this decision but ultimately withdrew after family discussions about the financial burden of further legal action.
Over time, appeals led to a reevaluation of Han’s case, culminating in a ruling from the Supreme People’s Court in February 2023 that discredited the earlier robbery conviction, citing insufficient evidence. However, when the Lixin Court reviewed the case for a third time, they maintained the robbery charge, increasing Han’s sentence to ten years.
In a surprising turn, Han ultimately appealed again, leading to a final determination by the Bozhou Intermediate Court on November 29, 2023, which found him guilty of theft and imposed a nine-month sentence. Han was finally released after over three years behind bars.
Expressing regret over the events that unfolded, Han highlighted the economic pressures faced by his family during his incarceration, noting that had he been released earlier, it would have alleviated their struggles. Following his release, Han sought state compensation, requesting over 400,000 yuan for personal liberty violations and an additional 100,000 yuan for emotional distress. His claims were dismissed by both the Lixin Court and the Bozhou Intermediate Court, which cited the national compensation law’s stipulations for denying such requests.
Experts have called for reforms to the compensation law, emphasizing the need to address situations where individuals are wronged by legal processes, regardless of their guilt or innocence. They argue that changes are necessary to ensure fair treatment for those who suffer from prolonged detainment and to hold judicial authorities accountable. Professor Wu Hongyao remarked on the inadequacy of the initial judgments and their implications for the prosecution and individual rights, stressing the necessity for clearer accountability in cases leading to wrongful detention.