Article 36 Compensation for Economic Losses and Principle of Civil Priority in Criminal Law If a victim suffers economic losses due to a criminal act, he shall be given criminal punishment according to law and compensation for economic losses shall be given according to the circumstances. ?
If a criminal who is liable for civil compensation is sentenced to a fine at the same time, and his property is not enough to pay in full, or if he is sentenced to confiscation of property, he shall first bear civil liability for compensation to the victim. ?
Article 16 of the Tort Liability Law, if personal injury compensation infringes on others and causes personal injury, it shall compensate medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid. ?
The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of personal injury compensation cases?
Article 17 If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and reduced income caused by absenteeism, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. ?
If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. ?
If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim. ?
Extended data:
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What is the compensation standard for intentional homicide?
1, medical expenses?
Compensation for medical expenses should generally be based on the diagnosis certificate of the local treatment hospital and the documents or medical records and prescriptions of medical expenses, treatment expenses and hospitalization expenses. If necessary, you can entrust a forensic expert to identify it. ?
2. Lost time?
The victim's absenteeism date shall be determined according to the actual damage degree and recovery status, and with reference to the certificate issued by the forensic appraisal or treatment hospital. ?
3. Food expenses?
Hospitalization food allowance shall be compensated according to the standard of food allowance for general staff of state organs on business trip (RMB/day) × hospitalization days. ?
4. Nursing expenses?
The victim's self-care ability after being killed should generally be identified by forensic identification or the certificate issued by the treatment hospital. ?
5. Transportation fee?
Generally, the compensation for transportation expenses should be calculated according to the charging standard of buses, hard seats of trains and ships below the third class. But the injury is critical, the traffic is inconvenient or there is no such car (boat) in the local area. ?
6. Accommodation fee?
If the victim who must go to a foreign hospital for treatment really needs to wait for treatment due to lack of hospital beds or other reasons, and the injury does not allow him to return home, or the transportation fee to and from home is higher than the accommodation fee, he should compensate himself and the necessary nursing staff for their accommodation fee. ?
7. Nutrition fee?
If the victim is seriously injured and it is really necessary to supplement nutritious food as adjuvant treatment, the expenses may be compensated as appropriate. ?
8. Disability compensation?
Anyone who infringes upon another person's body and causes him to lose the ability to work in whole or in part shall pay disability compensation. ?
9. Disability equipment fee?
If the equipment with compensation function needs to be prepared due to disability, the compensation amount shall be calculated according to the certificate of the treatment hospital or the opinion of the forensic doctor, combined with the age of the user, the average life expectancy of the population in China, the service life of the equipment and other factors, and according to the cost of commonly used equipment. ?
10, funeral expenses?
Funeral expenses generally include transporting corpses, cremation, ordinary urns and storing the first ashes. ?
1 1, death compensation?
If infringement causes death, a certain amount of death compensation shall be paid to the family of the deceased. ?
12, living expenses?
The person who relies on the actual support of the victim refers to the person who actually supported, supported and raised before the victim died or lost his ability to work, and had no other source of income. ?
13, solatium?
Spiritual damage consolation money is a kind of economic compensation for the infringement of the infringer and the physical pain or physical disability or death caused to the victim or his close relatives. The specific amount of mental damage compensation shall be decided by the court according to the actual situation. ?
China laws and regulations information base-criminal law
Baidu Encyclopedia-Interpretation of Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases