论文部分内容阅读
邱某,因涉嫌受贿罪被某县人民检察院刑事拘留、逮捕并实行羁押,同年被某市检察院提起公诉,指控其犯贪污、挪用公款罪。该市人民法院经公开审理最后判决邱某无罪并予释放。在此期间,该县人民检察院对邱某的住宅进行了搜查,对其财产和房屋进行查封。释放后,邱某以错误拘留、错误逮捕、错误查封财产为由,向县人民检察院提出刑事赔偿请求,屡经波折后,市中级人民法院做出赔偿决定,支持返还财产和支付赔偿金,但驳回了精神损失赔偿请求。
Qiumou was arrested for detention on the suspicion of taking bribes by a people’s procuratorate of a county and was held in custody. In the same year, he was prosecuted by a city procuratorate for accusations of embezzlement and misappropriation of public funds. The people’s court of the city after a public hearing of the final verdict Qiumou innocent and was released. During this period, the county People’s Procuratorate conducted a raid on Qiumou’s residence and sealed up its property and houses. After the release, Qiumu made a criminal compensation claim to the County People’s Procuratorate with wrong detention, wrong arrest and wrongly sealed property. After repeated twists and turns, the Municipal Intermediate People’s Court made a compensation decision to support the return of property and payment of compensation, Rejected the request for compensation for moral damages.