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huang lin (pseudonym), a professional counterfeiter who was detained for 1004 days for "extortion", recently received a state compensation decision after being acquitted.

between 2017 and 2018, huang lin purchased imported food from hong kong, china, japan and other places in stores in many towns and streets in dongguan city. he then reported to the local food and drug administration that the goods sold by the merchants did not have chinese labels, came from japan's nuclear radiation area and did not meet food safety standards, and then negotiated compensation with the merchants.

one of the products reported by huang lin.

a year later, on november 27, 2019, huang lin was detained on suspicion of extortion and sentenced to six years in prison and a fine of 50,000 yuan in the first instance. huang lin appealed, and the case was sent back for retrial and sentenced to two years and nine months. huang lin appealed again, and finally on november 8, 2023, the dongguan intermediate people's court made a criminal judgment in the second instance, ruling that huang lin was not guilty.

the dongguan first people's court sentenced huang lin to six years in prison at first instance.

after being sent back for retrial, the dongguan first people's court sentenced huang lin to two years and nine months in prison.

dongguan intermediate court's second instance judgment

the dongguan intermediate people's court held that the existing evidence was insufficient to prove that huang lin used intimidation, blackmail and other means to extort property from others for the purpose of illegal possession; even if huang lin's behavior in the case was controversial in the civil field, it did not constitute extortion in the criminal law sense. according to the principle of modesty of criminal law, he should not be subject to criminal punishment, and huang lin's behavior did not constitute the crime of extortion.

from november 27, 2019 to august 26, 2022, when he was released on bail pending trial, huang lin was detained for a total of 1,004 days.

on august 12, 2024, the dongguan first people's court ruled to pay huang lin rmb 464,289.76 in compensation for personal freedom and rmb 60,000 in mental damage compensation, totaling rmb 524,289.76. huang lin said that he objected to the mental damages and the court's failure to apologize, and had applied to the dongguan intermediate court on september 8, requesting a new compensation decision.

the counterfeiter purchased imported food several times in two years and claimed compensation for more than 200,000 yuan

in 2015, huang lin became a professional counterfeiter.

huang lin told the paper that he is from guangxi and had been working in huizhou, guangdong. around 2015, he saw news about professional counterfeiters. he thought that he could make money by fighting counterfeits and it was not illegal, so he taught himself the relevant knowledge and started a full-time offline anti-counterfeiting career.

huang lin said that huizhou is very close to dongguan, and he often goes there to shop, and noticed that there are many imported products there. "some products do not have chinese labels, which does not comply with relevant regulations, and japanese labels can be seen as produced in the nuclear radiation area of ​​japan." he said that he first went to the supermarket to buy similar goods, and then reported it to the local food and drug administration. under the mediation of the food and drug administration, he contacted the merchant to negotiate compensation.

he sent a picture of a cookie product sold by a business he reported at the time. the japanese label showed that the production factory was 1667 saigochi, omitama city, ibaraki prefecture. according to the relevant regulations of the former general administration of quality supervision, inspection and quarantine, it is prohibited to import food from 12 prefectures affected by nuclear radiation, including ibaraki prefecture.

he said that between 2017 and 2018, he reported more than 100 businesses in dongguan. some of the businesses were handed over to the public security bureau for handling. for the others that were not handed over, he said that he reported the relevant personnel of the food and drug administration to the commission for discipline inspection.

nearly a year later, on november 27, 2019, huang lin was detained and placed under criminal detention, and was arrested on january 3, 2020. on august 26, 2022, he was released on bail by the dongguan intermediate people's court.

the "criminal judgment of the first people's court of dongguan city, guangdong province" (hereinafter referred to as the "first instance judgment") and the "criminal judgment of the intermediate people's court of dongguan city, guangdong province" (hereinafter referred to as the "second instance judgment") sent by huang lin show that in the first instance judgment, the dongguan city first district people's procuratorate alleged that from 2017 to 2018, huang lin, together with others, purchased imported food from hong kong, china, japan and other places in stores in shilong town, qiaotou town, changping town and other towns and streets in dongguan city. later, he reported to the local food and drug administration that the goods sold by the merchants did not meet the food safety standards because they did not have chinese labels. subsequently, he contacted the merchants through the negotiation mechanism of the food and drug administration, and took advantage of the merchants' fear of being punished by the food and drug administration to "extort" multiple store owners many times.

the first-instance judgment mentioned that between june 2017 and february 26, 2018, huang lin reported to the shilong food and drug administration three times that a store in shilong town, dongguan city sold goods that did not meet food safety standards. huang lin later purchased food that did not meet food safety standards in the store and demanded compensation from the store owner shan moumou on the grounds that he needed to pay 1,000 yuan for each purchase receipt.

on june 21, 2017, the defendant huang lin demanded 2,000 yuan from shan with two shopping receipts. that evening, shan paid 2,000 yuan to huang lin via wechat.

on january 6, 2018, the defendant huang lin demanded 10,000 yuan from shan moumou with 10 shopping receipts. after negotiation between the two parties, shan moumou paid 9,000 yuan to huang lin via wechat the next night. on february 26 of the same year, huang lin reported to the shilong branch of the food and drug administration in the name of his wife that the store sold food that did not meet food safety standards, and then demanded 33,000 yuan from shan moumou with 33 shopping receipts. after negotiation between the two parties, shan moumou paid 20,000 yuan to huang lin via wechat the next day.

after that, huang lin used similar methods to purchase goods that did not meet food safety standards in more than a dozen stores. after reporting to the local market supervision bureau, he used multiple shopping receipts to negotiate compensation with the store owners.

in two years, huang lin earned more than 200,000 yuan in compensation by "fighting counterfeiting", but he said that the compensation amounts were in accordance with the law.

sentenced to six years in the first instance, sentenced to two years and nine months in the retrial, and found not guilty in the second instance

the first-instance judgment shows that on november 16, 2020, the dongguan first people's court of guangdong province heard the case of huang lin suspected of committing the crime of extortion, and sentenced huang lin to six years in prison for the crime of extortion and a fine of rmb 50,000.

after the verdict was announced, huang lin was dissatisfied and filed an appeal. on november 25, 2021, the dongguan intermediate people's court ruled to revoke the original verdict and sent it back to the dongguan first people's court for retrial.

after retrial, the dongguan first people's court ruled on september 21, 2022 that huang lin was guilty of extortion and sentenced him to two years and nine months in prison and a fine of rmb 5,000.

after the first-instance verdict was announced, huang lin appealed again, and the dongguan city first district people's procuratorate filed a protest.

the dongguan no. 1 district people's procuratorate believed that the eleven criminal facts charged against huang lin all constituted the crime of extortion, and the original judgment only found the tenth criminal fact, which was a mistake in finding the facts, leading to the wrong application of the law and an abnormally light sentence. after reviewing the case, the dongguan people's procuratorate supported the protest, believing that the eleven criminal facts charged by huang lin in the first instance indictment all met the criminal elements of the crime of extortion, and he should be held criminally responsible.

huang lin requested that the first-instance judgment be revoked and that he be acquitted. the main reasons include that reporting and complaining about illegal food safety operations of businesses involved in the case is a citizen's statutory right, and filing an administrative review against administrative inaction or misconduct of administrative agencies after receiving reports and complaints does not constitute extortion.

the second-instance court, dongguan intermediate people's court, changed the first-instance court's previous statements about huang lin's "extortion" and "coercion" in the process of ascertaining the facts.

the second-instance judgment shows that huang lin purchased goods from multiple stores in shilong town, changping town, qiaotou town and other places in dongguan city, and then complained to the local food and drug supervision and administration department on the grounds that the goods did not meet food safety standards, such as having no chinese labels and coming from the nuclear radiation area of ​​japan. later, during the investigation and punishment by the supervision department or after the administrative penalty was imposed, huang lin negotiated with the merchant involved in the case and obtained relevant funds, then withdrew the complaint or administrative review.

the dongguan intermediate court believes that at this stage, the behavior of knowingly buying fake products or professional counterfeiting in the field of food and drugs is not prohibited by law. the consumer rights protection law and the food safety law do not explicitly prohibit individuals from knowingly buying fake products for the purpose of profit and denying their consumer status; the relevant provisions of current laws and judicial interpretations do not explicitly exclude professional counterfeiting or knowingly buying fake products in the field of food and drugs from legal protection.

in addition, the merchants involved in the case did engage in illegal business operations. according to the evidence in the case and the investigation and handling by the food and drug administration, the goods involved in the case sold by the merchants involved in the case at least had illegal behavior of not having chinese labels; and according to the characteristics of the outer packaging of some foods, there is a high possibility that they came from the nuclear radiation area in japan and were prohibited from import by the country.

the dongguan intermediate people's court held that the evidence was insufficient to determine that huang lin's purpose was illegal possession, the amount of money huang lin obtained was not without legal basis, and huang lin had the right to complain and apply for administrative reconsideration.

in summary, the dongguan intermediate people's court held that the existing evidence was insufficient to prove that huang lin used intimidation, blackmail and other means to extort property from others for the purpose of illegal possession. even though huang lin's behavior in the case is controversial in the civil field, it does not constitute extortion in the sense of criminal law. according to the principle of modesty of criminal law, he should not be subject to criminal punishment, and huang lin's behavior does not constitute the crime of extortion.

the court held that the merchants involved in this case had engaged in relevant illegal business operations, and huang lin's knowingly buying fake goods did not affect his claim for compensation from the merchants involved in the case. the corresponding amount of money huang lin received did not exceed the basis and scope of the claim rights stipulated in the relevant laws; huang lin also had the right to file or withdraw administrative reconsideration against the administrative actions taken by the food and drug regulatory authorities; the relevant actions implemented by huang lin did not meet the nature and degree of intimidation and coercion, and did not have the elements of the crime of extortion. the relevant opinions raised by the appellant huang lin and his defense counsel were established after investigation and were adopted. the protest opinions of the first district people's procuratorate of dongguan city and the prosecution opinions of the people's procuratorate of dongguan city were not established and were not adopted. the original judgment determined that some of huang lin's actions constituted the crime of extortion, which was unclear in the determination of facts and incorrect in the application of law. the court corrected it according to law.

after discussion and decision by the court trial committee, in accordance with the relevant provisions of the criminal procedure law, the judgment is as follows: the protest of the people's procuratorate of the first district of dongguan city, guangdong province is rejected; the criminal judgment of the first people's court of dongguan city, guangdong province (2021) yue 1971 xingchu 5745 is revoked; the appellant huang lin is not guilty; the mobile phone and rmb 808.5 transferred with the case are returned to the appellant huang lin. this judgment is the final judgment.

the court ruled to compensate more than 500,000 yuan, and the party concerned was dissatisfied and filed an appeal

after the second instance verdict of not guilty, huang lin applied to the first instance court for state compensation. on august 12, 2024, the dongguan first people's court issued a compensation decision.

the "compensation decision of the first people's court of dongguan city, guangdong province" (hereinafter referred to as the "decision") sent by huang lin shows that the compensation applicant huang lin filed a compensation application with the dongguan city first people's court on the grounds that he was acquitted in the second instance, requesting: 1. compensation for personal freedom of 500,000 yuan; 2. compensation for mental damage of 1,000,000 yuan; 3. compensation of 18,000 yuan for the inability to receive the reward for reporting due to illegal detention; 4. request the compensation-obligated agency to publish an apology in newspapers nationwide and on its official platform, eliminate the impact, restore reputation, etc.

regarding the issue of compensation for personal freedom of 500,000 yuan raised by the compensation applicant huang lin. the court believes that according to article 33 of the "state compensation law of the people's republic of china" and the "notice of the supreme people's court on the calculation standard of compensation for infringement of citizens' personal freedom in state compensation decisions made in 2024" (fa [2024] no. 102), the compensation standard for infringement of citizens' personal freedom in state compensation decisions made from may 20, 2024 is announced to be 462.44 yuan per day. the compensation applicant huang lin was actually detained for 1004 days. according to the request of the compensation applicant, the court compensated him for his detention for 1004 days in accordance with the law. the personal freedom compensation he should receive is 1004 days x 462.44 yuan/day = 464289.76 yuan. for the application for the excess part, the grounds are insufficient and the court does not support it.

regarding the mental consolation of 1,000,000 yuan raised by the claimant huang lin, according to the relevant provisions of the state compensation law of the people's republic of china and the interpretation of the supreme people's court on several issues concerning the application of law in determining mental damage compensation liability in trial of state compensation cases, and taking into account the damages caused to the family and career of the claimant huang lin, a mental consolation of 60,000 yuan is supported at the discretion of the court.

regarding the application made by the claimant huang lin for an apology, elimination of the impact, and restoration of his reputation. the court held that, according to the relevant provisions of article 35 of the state compensation law of the people's republic of china, the impact should be eliminated, the reputation restored, and an apology made to the victim within the scope of the impact of the infringement. since the claimant huang lin failed to provide the extent and scope of the impact, and the court's compensation decision was a substantial restoration of his reputation damage, the court no longer supported his request.

regarding huang lin's request for compensation for the 18,000 yuan reward for his inability to collect the reward for reporting due to illegal detention, the court held that the expense did not fall within the scope of compensation stipulated in the state compensation law and therefore would not support it.

finally, regarding huang lin’s request for compensation of 100,000 yuan for life and health, the dongguan first people’s court held that they were not a qualified compensation obligation agency and should not bear the state compensation liability for related matters.

in summary, in accordance with the relevant provisions of the state compensation law of the people's republic of china and the interpretation of the supreme people's court on several issues concerning the application of law in determining liability for mental damage in the trial of state compensation cases, and after discussion by the court trial committee, the following decision is made:

the company shall pay the claimant huang lin rmb 464,289.76 in compensation for personal freedom and rmb 60,000 in compensation for mental damage, totaling rmb 524,289.76.

at present, huang lin has objections to the amount of mental compensation and the court's failure to apologize. on september 8, he filed an application with the dongguan intermediate people's court, requesting a new compensation decision.