The criminal supplementary civil action does not support the death and disability compensation

A,The criminal supplementary civil action,Refers to the judiciary in criminal proceedings, in resolving the defendant of criminal responsibility at the same time, to solve the problem of litigation activities incidental damages caused by the criminal acts of the defendant material loss of.

January 1, 2013 implementation of the "Criminal Procedure Law" the seventh chapter (ninety-ninth - 102) is about the rules of criminal incidental civil action.

Two,The criminal supplementary civil action only support "loss", does not support the death and disability compensation

In the January 1, 2013 implementation of the "Criminal Procedure Law" judicial interpretation of 155th is clear, the victim Ruo Yin criminal behavior suffered material losses, can put forward the supplementary civil action in criminal proceedings. Visible, only support "material loss the criminal supplementary civil action". But in the judicial practice of after this, the judiciary also identified in incidental civil action "death and disability compensation for losses" does not belong to the material loss in the criminal.

Three, can file a civil lawsuit in exchange for "death and disability compensation" for support

Because the criminal law, the criminal supplementary civil action in support only "material loss", does not support the death and disability compensation for the losses, but the current civil lawIn criminal cases shall file a civil lawsuit in this situationThe scope of the loss, and no special restrictions.

So the party in order to obtain more compensation, the civil lawsuit further way, death or disability compensation request included.

Four, whether the criminal supplementary civil action, or file a civil lawsuit, compensation for spiritual damages are not supported.

The case of compensation is not criminal cases caused personal injury, the injured party can claim for compensation for mental damages claims, but if as criminal cases caused by damages, whether in criminal incidental civil litigation or litigation shall be separately, the spirit damage claims are not supported.

    The Supreme People's Court [interpretation (2002) No. 17]Provisions for approval, the victims in criminal cases as criminal acts of the defendant suffered loss of the spirit of an incidental civil action, or accepted in the criminal case, the victim shall claim for compensation for mental damages in civil proceedings, the people's court shall not accept.

    The higher people's Court of Beijing city in May 28, 2003 the response, according to the approved of the spirit, for the criminal victims or their close relatives in criminal cases along with the civil compensation lawsuit file contains the spirit damage compensation request part of content, not to support.

In the judicial practice does for criminal case file a civil suit for compensation or supplementary civil action in criminal proceedings contains the spirit damage compensate request, are not supported.

Five,The difference between criminal incidental civil lawsuit and civil lawsuit alone

1,In criminal proceedings, "active compensation" and "forgiven by the victim" is also the sentencing considerations of the content, so the defendant to a lighter sentence and are willing to actively compensate. In addition the accused in custody after the family assistance compensation, if the criminal judgment after the civil lawsuit, the compensation of pure into civil liability, not as a lighter sentence conditions, so even if the court to pay, if the defendant did not name property and the defendant families do not want to pay, the civil judgment cannot be executed. So they choose, is given to the parties to decide.
2,The cost of litigation is not a
    The criminal supplementary civil action, the court does not collect fees, can reduce the cost of litigation, but also bring a civil lawsuit to pay litigation costs.
Scope 3, compensation is not a

Criminal compensation in incidental civil action has clearly only material damage, so do not include death and disability compensation. While the prior litigation according to the current legal provisions can still lay claim to death and disability compensation.

4,Jurisdiction is different

    Civil suit collateral to criminal proceedings, as in criminal cases with the issue of compensation, so directly by the criminal cases in court for compensation demands of the civil part. But if be sued, be based on the provisions of civil litigation jurisdiction and the defendant in custody to decide jurisdiction, resulting in litigation activities to separate and convenience.