The court did not receive criminal fraud criminal incidental civil action like really have basis?
Created:
/Author:
Aaron Lewis
The court did not receive criminal fraud criminal incidental civil action like really have basis? The suspect by means of fraud to defraud the property, the victim filed a civil lawsuit, which can judge said expressly inadmissible, victim asked the judge to provide clear provisions on the basis of the judge, resolutely do not provide their own, only to let the victim to internet.The court refused to receive the incidental civil action like really have basis? I as a Bachelor of law does not find the judge said basis, I through the search found that the Supreme Court recognized the victim has bring a civil lawsuit to the civil judicial organization rights; the victim to criminal trial organization to file an incidental civil lawsuit does not deny.
The criminal procedure law of the National People's Congress made clear the victim has the right to file an incidental civil action in criminal judicial organization, I ask: what kind of rules of the Supreme Court that the provision of such cases of criminal trial organization may not be accepted?! if not explicitly, I hope that the court can receive and accept a victim of a criminal incidental civil lawsuit, we believe that the court is indeed a reasonable argument! I think, when the judge not the argument the victim can find the leadership, if the judge's leadership is not say, you can find the leadership, until the Supreme Court Supreme Court, make a clear statement, to get the Supreme Court to exercise judicial power of interpretation, then they can!
A report of 1: Interpretation (2000) No. 47 Notice of the Supreme People's Court of the people's Republic of China "The Supreme People's Court on the provisions of criminal incidental civil litigation" scope of the Supreme People's Court on December 4, 2000 the 1148th meeting of the judicial committee, is hereby promulgated, shall enter into force as of December 19, 2000. Two in 2000 to December 13th According to the relevant provisions of the criminal law article thirty-sixth, article thirty-seventh, article sixty-fourth and article seventy-seventh of the criminal procedure law, the scope of the provisions of this problem of incidental civil action: 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. Article third the people's Court of the incidental civil lawsuit, in accordance with the law after the verdict, the defendant has no property available for enforcement, shall order the suspension or termination of execution. Article fourth the defendant has compensation for material losses of victims, the people's court may be considered as the circumstances of sentencing. The fifth criminals, illegal possession, disposal of the property and the suffered material losses, the people's court shall be recovered or ordered to return.To be back, restitution, the people's court may be considered as the circumstances of sentencing. After recovered or restitution still can not make up for the loss, the victim to the people's court civil court shall file a civil lawsuit, the people's court may accept. A report of 2:
"Criminal Procedure Law of the people's Republic of China" seventy-seventh stipulates: "the victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings,Have the right to file an incidental civil action."
Rule Seventy-eighth: "incidental civil action shall be heard together with the criminal case, only in order to prevent the excessive delay in the trial of criminal cases, can in the trial of criminal cases, byOrganize trial the same continue to hear the incidental civil action."