[Direct answer]In the Beijing area, the evidence is prepared around three aspects: proof of illegal acts of authority (acquittal verdicts, non-prosecution decisions, review decisions or judgments revoking illegal acts, rulings confirming the illegality of forced demolitions, etc.); proof of damage consequences (number of days in custody, medical bills, certificates of loss of work and income, lists and appraisals of property losses); and basic materials on causality. Procedurally, a written application is first submitted to the compensation obligation organ. If no compensation is provided within the time limit or if the amount of compensation is disputed, the applicant may then apply to the compensation committee of the court at the next higher level for a decision. It is important to note the statute of limitations—the statute of limitations for requesting state compensation is two years, starting from the date when the applicant knows or should have known that their rights and interests have been infringed, and the time spent in custody or other forms of deprivation of personal liberty is not included in the calculation of this period.

I. Problem Background and Typical Scenarios

After being wrongfully detained for several months and being acquitted, after obtaining a judgment confirming the illegality of the forced demolition six months later, and after the enterprise being illegally sealed off and causing a production stoppage—the parties hold documents proving their innocence or victory in the lawsuit, but they don't know where to start the process of seeking state compensation: who to apply to, what materials to submit, how much compensation they can receive, and whether they can still file a claim after two years of delay. The dual preparation of evidence and procedures directly determines the success or failure of the compensation application.

II. Key points of dispute

First, where do the proof documents of the illegal circumstances come from? Second, how to quantify and provide evidence of the damage consequences? Third, how to determine the compensation obligation organ and the order of application? Fourth, how to calculate and interrupt the two-year statute of limitations.

III. Professional analysis by Henglue Law Firm

The first layer: Proof of illegality serves as a threshold evidence. Criminal compensation requires proof of unlawful detention or judgment—typical documents include withdrawal decisions, non-prosecution decisions, and effective judgments declaring innocence; administrative compensation requires proof of unlawful administrative actions—revocation confirmation decisions by review organs, court judgments declaring illegality or withdrawal, or independent confirmation by the compensation-liable entity during the compensation process. Note that "unlawful actions" and "damage existence" are two separate proof objects. Victory judgments only address the former, while the latter requires supplementation by damage evidence. Some litigants rush to seek compensation after criminal cases conclude, but neglect obtaining legal documents stating the reasons for non-prosecution, leading to stalled compensation procedures. The second layer: List-based proof of damage consequences: - Personal freedom damage: Detention days calculated by release certificates or judgments' start/end dates; compensation calculated by multiplying the previous year's average national employee daily wage by detention days. - Personal injury damage: Diagnosis certificates, medical records, medical bills, disability appraisals, and proof of loss of income/caregiving. - Property damage: Lists of seized/frozen/auctioned property, ownership certificates, appraisal reports, or purchase receipts; video footage of forced demolitions. - Mental damage: Proof of mental harm may claim consolation money; severe consequences include diagnoses and social impact assessments. All losses should be documented with lists and evidence. Oral statements of damages are rarely accepted in compensation decisions. The third layer: Procedural pathways and determination of liable entities: - Liability lies with the infringing entity: - Wrongful detention: the organ issuing detention/arrest decisions. - Wrongful judgment: the court issuing the effective judgment (if a second-instance court reverses a conviction, the first-instance court becomes the liable entity). - Unlawful forced demolitions/seizures: the administrative organ implementing the action. - Applicants must first submit written requests to the liable entity. If no decision is made within the time limit or the applicant disagrees with the decision, criminal compensation may be appealed to the next-level authority; administrative compensation may also be raised concurrently in administrative litigation for greater procedural efficiency. - Choosing the wrong liable entity is a common procedural flaw; applicants should clarify the chain of actions before submitting applications. The fourth layer: Time limits and strategies: - Article 39 of the State Compensation Law stipulates a two-year statute of limitations, starting from when the applicant knows or should have known of the infringement of personal or property rights. Detention periods are not counted. - The statute of limitations resumes when the infringement is confirmed or the forced demolition is declared unlawful. - Strategically, collect damage evidence during the illegality confirmation stage to synchronize the two procedures and avoid loss of evidence after years of litigation, leading to "confirming illegality but failing to calculate damages".

IV. Practical suggestions and legal basis

The first step is to identify the legal documents corresponding to the illegal circumstances and obtain the originals or verification documents. The second step is to sort out the loss lists and supporting documents according to four categories: personal freedom, personal injury, property loss, and mental damage. The third step is to submit a written application to the compensation obligation organ and keep the delivery receipt, noting the two-year statute of limitations. The fourth step is to proceed along the path of the reconsideration and compensation committee if no compensation is provided within the time limit or if there are disputes over the amount. The main legal basis: Articles 2, 3, 4, 17, 32 to 34, 38, and 39 of the State Compensation Law of the People's Republic of China; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points regarding state compensation: the illegal document is the ticket; a not-guilty verdict and a ruling confirming the illegality are indispensable; the losses must be itemized—the number of days in custody, medical bills, and property certificates must be matched one by one; the two-year statute of limitations is a hard rule; the period of custody is not counted, but the days after the confirmation of illegality continue to pass. Those who wish to apply for state compensation can do so through the following channels:Special servicesAfter obtaining the overall plan, if there are any illegal buildings that need to be demolished, we can proceed with the demolition after confirming their illegality.Land expropriation and demolition, and administrative litigationFor reference, please refer to the section on relief for criminal miscarriages of justiceCriminal defense and criminal case filingFor any questions regarding the execution of compensation payments, please feel free to consult us.Creditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: Can I directly receive compensation if I'm acquitted of the charges?

The compensation cannot be automatically credited. The applicant needs to submit a written compensation application to the compensation-liable authority, attaching the acquittal judgment, the detention certificate, and the proof of loss. After the procedure is initiated, the compensation for personal freedom will be calculated on a monthly basis.

Q2: If the forced demolition is confirmed to be illegal, who should I ask for compensation from?

Apply for administrative compensation from the administrative organ that carried out the forced demolition; if the organ refuses to compensate or disputes the amount of compensation, the applicant may file a lawsuit for administrative compensation separately.

Q3: When does the two-year statute of limitations start to run?

From the date when the person knows or should have known that his rights have been infringed, the period of detention and other restrictions on personal freedom shall not be counted; the effective judgment of acquittal or the confirmation of the illegality of the act are usually clear milestones.

Q4: Can I be compensated for all the days I was detained beyond the legal time limit?

Yes. The number of days of detention that should not be detained according to the law shall be calculated on the basis of the average daily wage of state employees in the previous year, and the start and end of detention shall be determined according to the release certificate and the judgment record.

Q5: How to claim compensation for mental distress?

Where the act causes mental harm to a person and results in serious consequences, the claimant shall also make a claim for compensation in the compensation application, attaching evidence such as a diagnosis certificate and the social impact. The amount of compensation shall be determined by the obligated authority or the court at its discretion.

The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Specialised services - Legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.