For individuals released from detention after a case is dropped, charges are withdrawn, or they are acquitted, applying for state compensation is possible — compensation is calculated on a daily basis

Cost: No expense is required. The compensation application must be submitted to the same agency that originally ordered the detention, arrest, prosecution, or sentencing.

In plain terms: If you were detained or arrested and later released when the case was dropped, charges were withdrawn, or you were acquitted, you may apply for state compensation. Compensation is paid for each day spent in custody. Starting May 18, 2026, the daily rate is 495.94 yuan, amounting to roughly 180,000 yuan per year. In cases involving severe harm, additional compensation for emotional distress may also be awarded. However, no compensation applies if you committed an offense but were not prosecuted due to minor circumstances, if the statute of limitations has expired, or if you provided false statements yourself.

Benefit: Article 17 of the State Compensation Law outlines specific circumstances under which victims are entitled to compensation. The first involves unlawful detention: if a citizen is detained contrary to criminal procedure law or beyond the legally permitted duration, and the case is later dropped, charges withdrawn, or the individual acquitted, compensation is due. The second applies to unlawful arrest: if arrest follows but the case is ultimately dropped, charges withdrawn, or the individual acquitted, compensation remains applicable. The third concerns retrials: if a conviction is overturned via a retrial under the supervision procedure and the original sentence has already been served, compensation is likewise required. Article 33 stipulates that compensation for unlawful deprivation of personal liberty must be calculated using the average daily wage of urban non-private sector workers from the prior year. Article 35 mandates that in cases causing emotional harm, authorities must take steps to eliminate negative effects, restore reputation, and offer apologies; substantial harm also warrants payment of emotional distress compensation. Article 19 lists six scenarios where no compensation is granted: providing false statements or fabricated evidence leading to detention; detaining individuals exempt from criminal responsibility under Articles 17 and 18 of the Criminal Law (such as minors or mentally ill persons); detaining individuals exempt from prosecution under criminal procedure law (including those whose actions were minor and non-criminal, those beyond the statute of limitations, or those deceased); actions unrelated to official duties performed by law enforcement; self-inflicted harm; and other legally defined exceptions. A 2015 judicial interpretation by the Supreme People’s Court and Supreme People’s Procuratorate reaffirms that no compensation applies to individuals exempt from criminal responsibility or those whose charges are withdrawn under discretionary provisions. However, if a court later convicts and sentences someone to imprisonment or life imprisonment after a wrongful prosecution, compensation remains due for any period spent in custody post-conviction. Additionally, authorities denying compensation on grounds of false statements or self-inflicted harm must provide supporting evidence. On May 15, 2026, the National Bureau of Statistics reported that the average annual wage for urban non-private sector workers in 2025 was approximately 129,441 yuan, resulting in a daily compensation rate of 495.94 yuan effective May 18, 2026. This supersedes the prior rate of 475.52 yuan implemented in May 2025.

Evidence grade: A

Sources: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

Notes: This daily compensation rate is updated each May based on the latest annual wage statistics released by the National Bureau of Statistics; always verify the current figure before applying. When obtaining a decision document stating charges are withdrawn, check whether it cites “no criminal facts” or “insufficient evidence” — these justify a compensation claim. Conversely, if the document mentions “minor criminal circumstances” or an expired statute of limitations, compensation is generally ineligible. Should you disagree with a discretionary non-prosecution decision, you may file an appeal with the procuratorate within seven days. Emotional distress compensation is determined case-by-case by authorities without a standardized formula. The agency responsible for compensation is the same body that ordered your detention — whether police, procuratorate, or court — so begin there. If dissatisfied with their response, further appeals may be pursued under the State Compensation Law. For practical examples, refer to Section 36, which details Guo Li’s case: detained for 1,826 days, he received roughly 472,733 yuan for unlawful detention and an additional 165,450 yuan for emotional distress, calculated using the 2016 daily wage rate of 258.89 yuan. Conversely, compensation does not extend to lost wages, physical injury recovery costs, property damage, legal fees, or living allowances while in custody, as explicitly excluded under the law. 〔129000〕 〔473000〕 〔472733.14〕 〔165000〕 〔88880000〕