A: The Scout Law Online Consultation will answer your question.
In addition to personal injury, if the property is destroyed, you can also file an incidental civil action; However, it must be noted that, according to the above provisions in the Provisions of the Supreme People's Court on the Scope of Accepting Cases in Criminal Incidental Civil Proceedings, if the victim's property is not destroyed but is occupied or illegally disposed of, an incidental civil action cannot be brought. In this regard, the "Regulations" made detailed provisions in Article 5: "If a criminal illegally occupies or disposes of the victim's property, causing material losses to him, the people's court shall recover it according to law or order it to make restitution. The people's court may consider the situation of recovery or restitution as a sentencing circumstance. If the loss cannot be made up after recovery or restitution, the people's court may accept the case if the victim files a separate civil lawsuit with the civil court of the people's court. " In other words, if the defendant only illegally occupies and disposes of the victim's property instead of destroying it, the victim can only ask him to make restitution. If you can't refund the compensation, you can only file a civil lawsuit separately. The most common examples in daily life are theft and fraud cases, and the victims of these cases can't file criminal incidental civil actions. In cases of intentional destruction of public or private property, arson, etc., the victim may file an incidental civil action.