Which cases may file an incidental civil action?

[-- Ma Peijie Dali famous scholar expert lawyer]

Recently the author involved in fraud, theft, robbery cases of defense work, the victim as a criminal case suffered severe material losses. The victim in the court commissioned lawyer mentions criminal supplementary civil action, hoping to incidental civil action through criminal is added in the form of case, in order to minimize the economic compensation of its own, but the court to the supreme law related judicial interpretation refused the victim's participation in criminal cases, the client and agent is very awkward.

So,What are the victims may file an incidental civil action? Many parties and lawyers are vague. Dali famous scholar expert lawyer Ma Peijie (phone:13508724904) combined with legal provisions and case practice, made a comprehensive, and they hope to help everyone.

A,    Legal basis of supplementary civil action in criminal proceedings:

(a) to mention the condition of supplementary civil action in criminal proceedings:

Provisions on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" the eighty-eighth interpretation of the Supreme People's Court: five conditions of prosecution of civil suit collateral (1) filed a plaintiff, incidental civil lawsuit legal compliance with the statutory conditions (2The defendants have clear) (3) specific requirements have claim for compensation and the facts (4) the material loss is caused by the defendant's criminal act (5The people's court) belongs to the scope of civil suit collateral.

(two) filed a range of supplementary civil action in criminal proceedings:

The Supreme People's court "about the provisions of criminal incidental civil litigation" range of the first stipulation: "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."

For this article we can be understood from the following aspects:

1First, the victim can onlyMaterial lossIncidental civil litigation, for mental injury brought the people's court shall not accept the incidental civil action. Suffer from crime victims by the material loss, refers to the crime victims byHave sufferedThe actual loss andWill sufferLoss.

2The cause of the loss, then, can only be the substance is two kinds of circumstances:Personal rights are violatedOrThe property was destroyed.

Because only for the material damage to file an incidental civil action, so the personal rights only refers to the body right, health right and other material of the personal rights, but does not include the right of name, right of portrait, the spirit of personal rights. The most common in everyday life are examples of compensation disputes caused by intentional injury, traffic accident, personal injury.

  In addition to personal injury, property damage can also file an incidental civil action, such as traffic accident crime, crime of intentional destruction of public or private property, arson and other cases, the victim may file an incidental civil action.

   [Dali famous scholar expert lawyers -- Ma Peijie lawyer:13508724904]

Two, the law clearly stipulates the shall not file an incidental civil action in criminal cases:

(a) the spirit of the loss shall not file the supplementary civil action in criminal proceedings. The relevant judicial interpretation of the provisions for the victims of crime, because the spirit of losses suffered an incidental civil action, manCivil lawSchool will not be accepted.

(two) if the victim's property by embezzlement or illegal disposal, not destroyed, not to file an incidental civil action.

It must be noted that, according to the Supreme People's court "about the rules of criminal incidental civil action" of the property, if the victim is not destroyed but be occupied or illegal disposal, is not to file an incidental civil action. The victim can request the people's court shall be recovered or compensation shall be ordered to get compensation.

[Dali famous scholar expert lawyers -- Ma Peijie lawyer:13508724904]

"Regulations" incidental civil litigation range in fifth have made detailed provisions: "the criminal illegal possession, disposal of property and the victim 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." That is to say, if the defendant's illegal possession of the property of the victim, disposal and not destroy the property of the victim can only request the return. If you can't give back, can only be a civil lawsuit. The most common examples in daily life is stealing, robbery, fraud, the victim is not criminal incidental civil action.

[Dali famous scholar expert lawyers -- Ma Peijie lawyer:13508724904]
    Three, the defendants of incidental civil compensation to the victim, or stolen moneyTo be back, restitution of the situation,As for the criminal defendant lighterPunishmentThe sentencing consideration.

The relevant judicial interpretations, the defendant has compensation for material losses of victims, the people's court may be considered as the circumstances of sentencing. At the same time, the criminal illegal possession, disposal of the victim's property and make it 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. That is to say, as long as the defendant to compensate for the losses, positive return, compensation, the court may consider a lighter punishment in the sentence. Therefore, the defendant should be compensation for the victim's loss, ultimately, compensation, the court for a lighter punishment.

[Dali famous scholar expert lawyers -- Ma Peijie lawyer:13508724904]
    Four, which cases for criminal incidental civil action?

Whether the case is suitable for mentions criminal supplementary civil action, mainly to see whether the law is allowed to claim and the defendant has no compensation ability.

According to the practice of the lawyer for many years, generally involving lower robbery, snatch the defendant unemployed personnel, compensation capacity is low, the incidental civil litigation is of little significance. Bodily harm and premeditated, causing minor injuries, serious injury or even death case, the defendant himself is generally have the ability to make compensation, and compensation can be used as a lighter punishment plot to be considered, so the family will actively cooperate with the compensation, in such cases is to file an incidental civil action, in order to reduce the loss. Traffic accident crime, the crime of intentional injury crime of illegally practicing medicine, etc. in the case of the supplementary civil action can often compensate in place.

Smell speech hearing, pen Yuan Ming; trust, loyalty affairs; the interpretation of the law, spell Daniel; Hung Yi Jian, stand up for what is right; human right, as bright as sun and moon; the conflict law, Good prevails over evil! [Yunnan (Dali) famous scholar expert lawyer, lawyer Ma Peijie: 13508724904]