错误的刑事羁押与国家的赔偿责任

Wrongful Detention and State Compensation

刑事诉讼中的错误羁押与刑事错案常常相伴而生,但二者并非同一概念。错误羁押以刑事程序法为认定依据,即使没有错案发生,羁押行为违反《刑事诉讼法》的规定亦照样构成错误羁押。与错案相联系的错误羁押或合法羁押都应当导致刑事司法机关的国家赔偿责任,而未构成错案但构成错误羁押并因此导致当事人合法权益损害的,国家也应当有条件地承担赔偿责任。国家对无错案条件下错误羁押承担赔偿责任,有利于增强刑事司法机关的程序公正意识和人权保障意识,防止和减少羁押的滥用。

A wrongful detention or a false imprisonment and a misjudged criminal case often have something to do with each other, but indeed they are quite different in concepts. A wrongful detention or a false imprisonment is determined in accordance with the criminal procedural law. A detention or imprisonment is to be held wrongous so long as it violates the criminal procedural law, even if the relevant case is not erroneously decided. Any false or lawful imprisonment connected with a misjudged case results in state compensation by the criminal justice organs. Furthermore, if there appears any wrongful detention that has led to sufferings of a party's lawful interests, even if no misjudged case occurs, the state shall be liable to the party for a conditional compensation. For the criminal justice personnel, it is conducive to the development of the sense of due process and protection of human rights that the state bears a compensatory liability for a wrongful detention even though no case is misjudged. Thus wrongful detentions or false imprisonments ought to be prevented or decreased.