Liability for incidental civil to criminal case, which belongs to the category of tort liability. The seventy-seventh criminal procedure law, the provisions of the first paragraph:"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 article only gives the victims to file an incidental civil lawsuit, but the defendant civil liability for compensation, it shall bear civil liability as well as the size of the civil compensation amount is undertaken, to be determined by the case of trial. Visible, the criminal supplementary civil action of the defendant to the plaintiff compensation for the loss of a certain amount, is a way for the defendant to bear civil liability, do not belong to the category of penalty. According to the interpretation of the Supreme People's court "on the implementation of the criminal procedure law '' of the people's Republic of China" (hereinafter referred to as "Criminal Procedure Law" provisions of article 100th of the interpretation), "people's court trial of the incidental civil lawsuit, in addition to the application of criminal law, criminal procedure law, should also apply the general principles of the civil law, civil procedure law".

One, the filing stage

1, to mention the condition of supplementary civil action in criminal proceedings

"Explain" criminal procedure law eighty-eighthIncidental civil action is:
(a) the plaintiff in incidental civil lawsuit filed, legal compliance with the statutory conditions;
(two) the defendants have clear;
   (three) the specific requirements of a claim for compensation and the facts;
(four) the material loss is caused by the defendant's criminal act;
(five) belonging to the people's court accepts the range of supplementary civil action.

Subject 2, have the right to file an incidental civil action

"Criminal Procedure Law" eighty-fourth article explainThe people's courts handle criminal cases, can inform suffered material losses due to crime victims (citizens, legal persons and other organizations have died), a close relative of the victim, incompetence or limited capacity his legal representatives, have the right to file an incidental civil action.

3, in the criminal supplementary civil action for compensation, the people in

"Explain" criminal procedure law eighty-sixthIncidental civil action shall be liable for compensation includes:
(a) the criminal defendant (citizens, legal persons and other organizations) other common perpetrator and not be investigated for criminal responsibility;
(two) the underage criminal defendant's guardian;
(three) has been executed criminals of inheritance;
   (four) in a case of joint crime, the case has been concluded before the death of the inheritance;
(five) other crimes of the criminal defendants to units and individuals shall bear civil liability for compensation.

4, about the time of supplementary civil action in criminal proceedings

"Explain" the criminal law article eighty-ninth incidental civil action shall be filed in the future of criminal cases of first instance declared previously mentioned. Have the right to file an incidental civil action in the first instance by the people before the announcement did not mention, not to file an incidental civil action. But it can be a civil lawsuit in criminal ruling.

5, mentions criminal supplementary civil action should be prepared by the material

The plaintiff filed criminal incidental civil action shall prepare the following materials: Id photocopy the plaintiff (if the unit is to copy of the business license, the identification certificate of the legal representative), the indictment, the evidence material. If a lawyer agency, also need to prepare the power of attorney, lawyer letter.

6, the litigation costs

"Explain" criminal procedure law 102ndThe people's court in civil suit collateral to criminal proceedings, no charge litigation fees.

7, the court to examine whether the filing deadline

"Criminal Procedure Law" ninety-second article explainThe people's court received the incidental civil pleadings, the examination shall be conducted, and decide whether the case within seven days. In accordance with the seventy-seventh law of criminal procedure in the first, two and the interpretation of the provisions of article eighty-eighth, shall be accepted; not in conformity with the provisions, the court shall prosecute. Two, the trial stage

1,  The trial period

"Explain" criminal procedure law 109thA case of public prosecution, trial period, in accordance with the provisions of the criminal procedure law. Cases of private prosecution shall apply the ordinary procedure of trial the defendant in custody, shall be sentenced to one month after the defendant in custody, not later than one month and a half. 126th law of criminal procedure under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, may be extended by one month.

Need to extend the trial period expires seven days before, should be submitted to the Supreme People's court approval or decision. A case of private prosecution shall apply the ordinary procedure of the defendant in custody shall be sentenced to not, the case within six months. There are special circumstances need to extend the trial period, the approval by the president of the court, may be extended for three months.

2, mediation cases

"Explain" criminal procedure law ninety-sixthThe incidental civil lawsuit, in addition to the people's Procuratorate filed, can mediate. Mediation shall be based on the voluntary and legally. If an agreement is reached through mediation, the judges shall timely mediation. Mediation by the parties shall sign the law.

The mediation agreement and the completion of the implementation of the, can not mediation, but shall be recorded in writing, the parties, the judges, the clerk shall affix their signatures or seals to the law.

Article ninety-seventhThrough conciliation or mediation agreement cannot be reached before signing receipt of Party estoppel, incidental civil action shall be decided together with the criminal litigation.

Article 101stThe people's Court of public prosecution of the defendant's conduct does not constitute a crime, to have an incidental civil action, reach an agreement after mediation can not, shall make criminal incidental civil judgment.

Three, the implementation phase

1, how to deal with the decision after the defendant's property is not sufficient to compensate the victims and losses

"The Supreme People's Court on the provisions of criminal incidental civil litigation" range of Third People's court hears a case of civil suit collateral, according to the verdict, the defendant has no property available for enforcement, shall order the suspension or termination of execution.

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.

Attached: incidental civil lawsuit format

Plaintiff: (name, gender, age, nationality, native place, occupation, family address,Contact information.

Defendant: (ibid.)

Summary: (charges, compensation)

The claim:

1, criminal responsibility shall be investigated according to law the defendant massacres

2, requests the defendant damages for x x yuan.

The facts and reasons:

· · · · · (indicating the case, after the causes, consequences, and according to the laws and regulations, shall be investigated for criminal responsibility of the accused are listed and demand compensation basis.)



The evidence and its source, the name and address:



             Yours sincerely

X x court

Attached: the indictment copy

                                  Plaintiff of the supplementary civil action:

                                       Date

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