Individuals who are later released without charges, receive a dismissal, or are acquitted may apply for state compensation calculated on a daily basis

No cost involved. File the compensation claim with the same agency that originally issued the detention order, arrest warrant, prosecution decision, or court judgment.

Article 17 of the "State Compensation Law" lists several circumstances in which a victim has the right to obtain compensation. The first is detention: taking detention measures against a citizen in violation of the provisions of the Criminal Procedure Law, or detaining someone according to law but exceeding the statutory time limit, followed by a decision to withdraw the case, non-prosecution, or a judgment of not guilty that terminates criminal liability. The second is arrest: after taking arrest measures against a citizen, a decision is made to withdraw the case, non-prosecution, or a judgment of not guilty that terminates criminal liability. The third is retrial: a case is retried and the verdict is overturned to not guilty under the trial supervision procedure, and the original sentence has already been executed. The trial supervision procedure is the procedure for re-examining judgments that have already taken effect. Article 33: In cases of infringement on the personal freedom of citizens, the daily compensation shall be calculated based on the average daily wage of employees in the country for the preceding year. Article 35: Where mental damage is caused to another, the impact shall be eliminated, reputation restored, and an apology made within the scope of the impact of the tortious act; where serious consequences are caused, corresponding compensation for mental distress shall be paid. Article 19 lists six scenarios where the state shall not provide compensation. First, being detained or sentenced due to intentionally providing false testimony or forging other incriminating evidence. Second, being detained when one does not bear criminal responsibility pursuant to Articles 17 and 18 of the Criminal Law, such as not having reached the age of criminal responsibility, or a person with a mental disorder causing harm when they are unable to recognize or control their own behavior. Third, being detained when criminal responsibility is not pursued pursuant to the provisions of the Criminal Procedure Law. This includes cases where the circumstances are significantly minor and the harm is not large, such that it is not considered a crime; cases where the statute of limitations for prosecution has expired; and cases where the suspect has died. This also includes cases where the criminal circumstances are minor and the procuratorate decides not to prosecute, known as relative non-prosecution (also called discretionary non-prosecution). This also covers cases where non-prosecution is granted after the probation period for conditional non-prosecution of minors has expired, and cases where non-prosecution is granted after reaching a settlement with the victim. Fourth, personal actions of case-handling personnel that are unrelated to the exercise of their official duties. Fifth, damages caused by intentional acts such as self-injury or self-mutilation. Sixth, other circumstances prescribed by law. Article 7 of the judicial interpretation of the two high courts regarding criminal compensation in 2015 years reaffirms: the state shall not provide compensation for the detention of persons who are not held criminally responsible and persons subject to relative non-prosecution. However, if a person is wrongly sentenced by a court to criminal detention, fixed-term imprisonment, or life imprisonment after prosecution and has already served the sentence, the period of continued detention after the judgment becomes final must still be compensated. This Explanation, Article 8: If the case-handling authority refuses to provide compensation on the grounds that "you provided a false testimony" or "you caused self-injury or self-mutilation," the burden of proof lies with the case-handling authority. The Supreme People's Procuratorate issued a notice in 2026 year 5 month. The National Bureau of Statistics announced on 15 day, 5 month, 2026 year, that the annual average wage of employees in non-private urban units nationwide in 2025 year was approximately 12.9 ten thousand yuan (129441 yuan). Based on this, the calculated daily average wage is 495.94 yuan. Since 18 day, 5 month, 2026 year, when procuratorates at all levels make decisions on state compensation, the compensation for infringement of citizens' personal freedom is calculated at 495.94 yuan per day. The previous standard was 475.52 yuan per day, which was in use from 5 month, 2025 year (nationwide).

全国人大常委会 (2012 年修正). 国家赔偿法（第十七、十九、三十三、三十五条）. https://www.stats.gov.cn/gk/tjfg/xgfxfg/202503/t20250306_1958899.html（国家统计局转载）；最高人民检察院 (2026). 最高人民检察院公布最新侵犯公民人身自由的赔偿金标准. https://www.spp.gov.cn/xwfbh/wsfbh/202605/t20260519_727675.shtml；最高人民法院、最高人民检察院 (2015). 关于办理刑事赔偿案件适用法律若干问题的解释（法释〔2015〕24 号，第七、八条）. https://www.court.gov.cn/zixun/xiangqing/16409.html；全国人大 (2018). 刑事诉讼法（2018 年修正，第十六、一百七十七、一百八十一、二百八十四、二百九十条）. https://www.spp.gov.cn/zdgz/201810/t20181027_396818.shtml。国家赔偿法第十九条和该解释引的是 2012 年刑事诉讼法条号（第十五条、第一百七十三条第二款、第二百七十三条第二款、第二百七十九条），2018 年修正后依次对应第十六条、第一百七十七条第二款、第二百八十四条第二款、第二百九十条

This daily calculation standard is updated every 5 months based on the previous year's average annual wage of non-private urban units announced by the National Bureau of Statistics. When in use, please check the figures for the current year rather than applying this entry directly. Upon receiving a decision not to prosecute, first check the grounds stated therein. If it states 'no criminal facts' or 'insufficient evidence,' you can apply for compensation. If it states 'minor criminal circumstances' or if the statute of limitations has expired, the days spent in detention cannot, in principle, be compensated. If you disagree with a relative non-prosecution decision, you may file a complaint with the procuratorate within 7 days of receiving the decision. Solatium for mental distress is determined by the case-handling authority based on the consequences, and there is no unified formula. The authority that decided to detain you (public security, procuratorate, or court) is the party liable for the payment; you should first approach them to raise the claim. If you are dissatisfied with their handling, you may apply further according to the procedures of the State Compensation Law. For the actual calculation, you can refer to item 36 in this section (claiming compensation as a victim) regarding the decision in Guo Li's case. Guo Li was detained for 1826 days. Compensation is calculated based on the standards of the year the decision was made, not the year he was detained, using the national average daily wage for employees for the year 2016, which was 258.89 yuan. The portion for restriction of personal freedom compensated approximately 47.3 ten thousand yuan (472733.14 yuan), with an additional mental distress allowance of approximately 16.5 ten thousand yuan (165450 yuan). He applied for ten years of mental distress allowance amounting to 8888 ten thousand yuan, but the portion exceeding this was not supported. You also need to know what cannot be compensated: that decision ruled that lost wages, compensation for physical health, property damage, attorney fees, and living expense subsidies for detention centers are all determined to be outside the scope of state compensation.