Criminal law does not support the death compensation, disability compensation

The new "criminal procedural law" the first case of Liaoning in Jinzhou sentenced

Yesterday, the Jinzhou City Intermediate People's court in accordance with the law are sentenced for the murder. The court sentenced the defendant has committed intentional homicide sentenced to death, and incidental civil compensation lawsuit by the material losses totaling RMB19356.5Element.

The case became Liaoning's first new "criminal law" criminal incidental civil judgment first.

Live in Jinzhou Yixian Chen Xiaodong (a pseudonym) in Shenyang to work site, met a girl Zhang Li (a pseudonym). Two people in the2011Years8On the establishment of a relationship,12Month together back to the yixian. Cohabitation, because Zhang Li often receive a male friend's phone, two people heart estrangement.2012Years2Month, returned to Shenyang after two people break.4Month30Day, Chen Xiaodong hope and, after being rejected by two people together back yixian. After dinner, Chen Xiaodong took the knife to Zhang Li about the outside, see again and good, Chen Xiaodong with a sharp knife stab Zhang Li neck and chest a few knives, Zhang Li died on the spot.

Jinzhou City Intermediate People's court think, the defendant Chen Xiaodong premeditated murder victim with a knife, deliberately illegal deprivation of life, their behavior has constituted the crime of intentional homicide. Ruling the defendant Chen Xiaodong committed the crime of intentional homicide, sentenced to death, deprived of political rights for life, compensation for the plaintiff of the supplementary civil action Zhang Li mother material losses totaling RMB19356.5Element.

Supplementary civil action the plaintiff Zhang Li mother asked the defendant Chen Xiaodong compensation for economic loss of RMB total642201.5Element, wherein the death compensation409340The compensation element, the spirit damage20Million yuan.

Judgments of the plaintiff of the supplementary civil action required defendants to pay funeral expenses of litigation request, in accordance with the law, the court shall support. For accommodation, transportation costs, delay costs6000Yuan litigation request, did not provide relevant evidence; claim for death compensation409340Yuan and Zhang Li mother of medical expenses3000Yuan, the cost of living4505Yuan litigation request without legal basis for compensation for spiritual damages20Yuan litigation request does not belong to the scope of the court, the lawsuit request the hospital are not supported.

■ judge interpretation

The judge hearing the case said the new "criminal procedural law" and "the Supreme People's Court on the application of 'of the people's Republic of China Criminal Procedure Law' interpretation" (hereinafter referred to as the "judicial interpretation") on the criminal compensation scope of incidental civil cases were adjusted, which means from2013Years1Month1Date, in criminal incidental civil action for compensation for death compensation, disability compensation, was dependent for living expenses claim because there is no legal basis will not get the support of the court.

In this case, the plaintiff of the supplementary civil action claim for death compensation, compensation for spiritual damage and related medical expenses, living expenses claims, because there is no legal basis for the court does not support. To claim compensation for accommodation, transportation costs, lost wages litigation request, the court did not support failed to provide evidence.

Lawyers interpretation:

Criminal procedure law.Article ninety-ninth the victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action. The victim's death or incapacity, his legal representatives, near relatives shall have the right to file an incidental civil action.

"The Supreme People's Court on the application< criminal procedure law of the people's Republic of China>Interpretation "Article 155th of the civil judgement, should be based on criminal behavior

Cause material losses, combined with the specific circumstances of the case, the defendant shall determine the amount of compensation.

Crime victims caused personal injury, shall pay the medical fees, nursing fees, transportation fees and other reasonable expenses for treatment and rehabilitation of payment, as well as the lost wages. If the victim is disabled, should also be compensation for disability AIDS fees; causing death to the victim, should also be compensation for funeral expenses.

The casualties caused by driving a motor vehicle or cause heavy losses to public or private property, which constitutes a crime, to determine the compensation responsibility in accordance with the "Regulations of the people's Republic of China Road Traffic Safety Law" article seventy-sixth.

Incidental civil litigation parties to reach a mediation, reconciliation agreement on civil compensation, scope of compensation, the amount is not subject to the provisions of the second paragraph, third paragraph limit.

Article 163rd the people's Court of the incidental civil lawsuit, in addition to the criminal law, criminal procedure law and the judicial interpretation of criminal law has prescribed, apply the relevant provisions of civil law.

"The Supreme People's Court on the provisions of the criminal incidental civil action range of problems"Article 1 personal rights by criminal violations suffered material losses or property damaged by criminals has suffered material losses, may file an incidental civil action.
For crime victims by the spirit of losses suffered an incidental civil action, the people's court shall not accept the.
From the second crime victims by the material loss, refers to the actual loss due to crime has suffered and the inexorable loss.

"Interpretation of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case"Seventeenth the provisions of:The victim suffers from a personal injury, medical treatment due to the cost of expenditure and revenue due to loss of working time, including medical expenses, lost income, nursing fees, transportation fees, accommodation fees, hospitalization fee food subsidies, necessary, the obligation of reparation should be compensation.
Disability, the expenses necessary for increasing the life needs spending and result in loss of working capacity loss of income, including disability compensation, disability AIDS charges, was dependent for living expenses, as well as rehabilitation care, continued treatment of the actual cost of necessary rehabilitation, nursing fees, follow-up treatment costs, the obligation of reparation should also be compensated.
The death of the victim, the relevant expenses shall be the obligation of reparation in addition to compensation in accordance with the rescue treatment the first paragraph of this article, should also be compensation for funeral expenses, was dependent for living expenses, death compensation and the relatives of the victims for funeral expenses of transportation, accommodation and loss of working time and other reasonable costs.

Thus, because the criminal supplementary civil action, therefore, is different from the civil compensation caused by crime, personal injury, because people do not have the properties of materials, compensation, disability compensation, was dependent for living expenses do not belong to the direct loss of death caused by criminal acts, but because of the indirect loss of crime lead to. In the"The Supreme People's Court on the application< criminal procedure law of the people's Republic of China>The legal provisions of the interpretation of "the list and reveals the type two kinds of writing, the scope of compensation and listed in supplementary civil action in criminal proceedings is the medical fees, nursing fees, transportation fees, compensation for lost wages, disability living allowance, funeral expenses, but also used" reveals the type clause costs "the. But in this case can be seen, damages of supplementary civil action in criminal proceedings does not containDeath compensation, disability compensation, was dependent for living expenses, but does not rule out after the introduction of new judicial interpretation to explain.

It is worth mentioning that, in listing shows the exclusion of incidental support compensation, disability compensation, was dependent for living expenses while in civil proceedings in the criminal law, the highest and the special provisions of the form, make exceptions, is on trial in traffic accident cases, if the defendant for the compulsory motor vehicle three liability insurance, the compulsory insurance limits, for compensation, disability compensation, was dependent for living expenses should be compensation.

"The Supreme People's Court on the application< criminal procedure law of the people's Republic of China>Interpretation of "155th paragraph second stated, driving motor vehicles causing casualties or cause heavy losses to public or private property, which constitutes a crime, to determine the compensation responsibility in accordance with the" Regulations of the people's Republic of China Road Traffic Safety Law "article seventy-sixth.

"The people's Republic of China Road Traffic Safety Law" article seventy-sixth:"Motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation.

"Motor vehicle traffic accident liability compulsory insurance Ordinance"Article third: motor vehicle traffic accident liability compulsory insurance Ordinance, refers to the insurance company to the insured motor vehicle road traffic accidents caused by the vehicle, be casualties, property loss insurance victims except the people, be mandatory liability compensation within the limit of liability liability insurance.
"Motor vehicle traffic accident liability compulsory insurance clause "sixth: strong cross the limits of liability insurance contract refers to the insured motor vehicle traffic accidents, the maximum amount of compensation insurer to the people all the time the insurance accident casualties and property losses. Limitation of liability for death and disability compensation compensation quota limits, medical expenses limit, property damage compensation limit and the insured has no liability in road traffic accidents. Limit compensation in which no responsibility can be divided into non disability compensation liability, death is not responsible for medical expenses limit and no liability for property loss limit.

Introduction"The Supreme People's Court on the application< criminal procedure law of the people's Republic of China>The interpretation of "the death compensation, disability compensation, dependent people living the exclusion of incidental civil judgment in the legislative intent of the criminal, is to avoid the ruling party, just get a huge amount of free judgment, to the actual execution; also avoid some parties to ask for compensation, claims to the huge claim, cause criminal case mediation rate is low; if the death compensation, disability compensation, was dependent for living expenses included in the criminal judgment, some of the defendants to prison refused to pay compensation for the families of the victims, the issue of compensation reform, peace of mind, is not conducive to the interest and visit, therefore, Ning v., dimensional stability is the main reason for the introduction of judicial interpretation, so, in this explanation clearly stipulated in the supplementary civil action litigants on civil compensation to reach a mediation, the settlement agreement, the scope of compensation, the amount is not subject to the provisions of the second paragraph, third paragraph limit, and the trial of civil suit collateral to criminal proceedings, the people's court shall combine the accused victim compensation the material loss recognized the repentance, and to be considered in the measurement of penalty.

To achieve a money commutation through mediation, the other party money make concessions to avoid trouble, because the way of reasonable and legitimate cannot get compensation, can only be obtained through a civil settlement way, once the reconciliation agreement, both sides will no longer term problems for compensation, round, smooth to solve the case, the court also increase the mediation rate and destroy an unstable factor, too. But for the traffic accident criminal incidental civil action, because the compulsory insurance company is the public welfare nature, whether or not to reach a settlement, the victim can get compensation from the insurance company, as the exceptions, such cases of death compensation, disability compensation, was dependent for living expenses can be obtained by the insurance company claims way. So, if the defendant against compulsory third party insurance, the victim at least a guarantee.

Look at the text, we will find it very surprising, the judicial interpretation of the provisions, the casualties caused by driving a motor vehicle or cause heavy losses to public or private property, which constitutes a crime, to determine the compensation responsibility in accordance with the "Regulations of the people's Republic of China Road Traffic Safety Law" article seventy-sixth.

Two words are different, the traffic accident is liability for "the people's Republic of China Road Traffic Safety Law" article seventy-sixth, not to say also applies the scope of compensation, the amount of. And the civil compensation defined, the scope of compensation, the amount is not subject to the provisions of the second paragraph, third paragraph limit.

The insurance company is not liable subject, should be liable to compensate the insured, the insurance company can be in the range of insurance claims. And now, the limits of liability is defined, and the scope of compensation, the amount of traffic accident cases also apply, not specified. Require the highest law to be clear, this is beyond the understanding of the scope, it is easy to cause mistakes.

Liaoning Hongyang law firm

Ren Yancheng lawyer

2013-1-29