Wang Nan was found not guilty, and the New Taipei prosecutor turned around and demanded that the family of the deceased pay back 2.1 million yuan in compensation, plus an additional 5% interest.

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New North Inspection: Unjust enrichment raises interest rate by 5%

[Reporter Wu Zhengfeng/Taipei Report] After the man surnamed Wang in New Taipei City went out, the extension line of his home suddenly caught fire, causing Zhu Rong, and the woman surnamed Huang, who lived in the same building, choked to death by thick smoke. The Crime Victims Protection Act received 2.1 million yuan in compensation for survivors.

However, Wang Nan was later found not guilty, and the New Taipei prosecutor turned around and demanded that the family of the deceased pay back the money, and also demanded an additional 5% interest.

The family filed a lawsuit, arguing that the interest rate was much higher than the demand deposit unreasonable. The Taipei High Administrative Court believed that this move would cause the people to distrust the country, and the family was sentenced a few days ago to not pay interest.

At 7:00 am on July 1, 2015, Wang Nan went out to work. The extension line at home suddenly short-circuited for unknown reasons. The high temperature overheated and ignited the items on the side. Thick smoke filled the whole building. Choked to death.

The New North Inspection Office determined that Wang Nanshu did not pay attention to regularly replacing and inspecting the extension cord, and did not unplug the extension cord when he left the room.

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According to the Crime Victims Protection Law, Huang’s family applied for compensation for survivors, and the New Beijia Criminal Victims Compensation Review Committee agreed to grant more than 2.1 million yuan, which was completed in January 2017.

However, in August of the same year, the Criminal Division of the High Court ruled that the prosecution's evidence was insufficient to prove that Wang Nan did not use the extension cord normally or neglected to maintain it, or did not notice that the extension cord was covered and deteriorated and continued to use it. The high temperature ignited the power line and caused the fire to choke the yellow woman to death. Wang Nan was found not guilty.

Victim's family: It is not reasonable to borrow money in essence

After the New Taipei City Procuratorate received the verdict, it was considered that since Wang Nan was innocent, the Huang woman was not the victim of the crime, and it was decided to require the family to return the compensation.

The family refused to accept it, and filed a lawsuit requesting cancellation, claiming that they were receiving compensation, not borrowing money from the New North Inspection Inspection Commission. They were asked to add interest, and the interest rate was much higher than that of demand deposits, which was very unreasonable.

The New Northern Prosecutor's Office defended that the compensation metal was "administrative sanction for conferring benefits." In accordance with Article 127 of the Administrative Procedure Law, after the sanction is revoked, the "unjust enrichment" provisions of the Civil Law shall be applied mutatis mutandis, and an additional 5% annual interest shall be returned.

After the trial, Beigaoxing found that the third paragraph of Article 13 of the Criminal Protection Law stipulates that "those who receive compensation for victims of crime by false or other improper methods shall return them in full, and add interest from the date of receipt." The Post Office's one-year regular rate calculation (about one percent) shows that lawmakers have made a distinction between refunds and interest raters.

Cause the people not to trust the state to waive interest

Beigaohang believes that the violation of the guarantee law is determined to protect the victim. If the recipients have "misbehavior" or not, they are required to return the compensation and add interest, which will cause the people's distrust of the country, which is really inappropriate. Family members are exempt from interest and can appeal.

In response, the New North Inspection Commission responded, respecting the court's judgment, and discussing whether to appeal after receiving the judgment.