Mr. Qian Consulting: my friend be beaten into severely wounded, to make the appraisal, disability grade five level, he can to the court to file an incidental civil action, requiring the defendant to claim disability compensation?

Answer: "Criminal Procedure Law of the people's Republic of China" the 101st stipulation: the people's court the incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling. Define the material loss, mainly on the basis of "provisions of the Supreme People's Court on the application of people's Republic of China Criminal Procedure Law > explanation" article 155th paragraph second, namely the crime victims caused personal injury, should pay for the treatment and rehabilitation of compensation for medical expenses, nursing fees, transportation fees, 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.

Therefore, the compensation for disability does not belong to the scope of compensation and material loss, not included in the supplementary civil action in criminal proceedings, so your friends can't disability compensation for criminal incidental civil action.

   Criminal procedure law.

    Article ninety-ninthThe 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.

If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action.

　　Article 101stThe people's Court of the incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling.