Before the criminal case is not sentenced, the injured party needs to be hospitalized, but can not afford, can apply in advance for compensation for injuries involved in the case?
China's "supreme people's court on the application of & lt; Chinese people's *** and state criminal procedure law & gt; the interpretation of" article 138 provides that the victim suffered material losses due to the violation of personal rights by the crime or property destroyed by criminals, the right to bring an incidental civil lawsuit in the process of the criminal proceedings; the victim's death or incapacitation, his legal representative, close relatives shall have the right to bring an incidental civil action. Article 148 provides that if, during the period of investigation and examination and prosecution, a person entitled to bring an incidental civil action files a claim for compensation, and, after mediation by the public security organ or the people's procuratorate, the two parties concerned have reached an agreement and have fulfilled it in its entirety, and if the victim, or his or her legal representative, or a close relative, brings an incidental civil action, the people's court shall not accept the claim, unless there is evidence to prove that the mediation has violated the principles of voluntariness and lawfulness. Article 153 provides that the people's courts may hear cases of incidental civil litigation and may conduct conciliation in accordance with the principles of voluntariness and legality. Where an agreement is reached through conciliation, a conciliation document shall be produced. The conciliation document shall have legal effect after it has been signed by both parties. Article 159 provides that an incidental civil action shall be tried together with the criminal case, and that only in order to prevent excessive delay in the trial of the criminal case may the incidental civil action continue to be tried by the same trial organization after the criminal case has been tried; if the members of the same trial organization are genuinely unable to continue to participate in the trial, they may be replaced. According to the above legal provisions, 1. In a criminal case, a victim whose personal rights have been violated by a crime has the right to bring an incidental civil action in the course of the criminal proceedings. If the case is under investigation or review and prosecution, and the victim is in need of hospitalization, he or she may request the public security organ or the people's procuratorate to mediate and make civil compensation first. If the case is already at the trial stage, the incidental civil lawsuit should be tried in conjunction with the criminal case, and in view of China's trial principle of "criminal before civil", if the injured party has the need for hospitalization and treatment, he or she may request the court to conciliate the civil compensation portion of the case after the criminal case has been tried. It is recommended that the injured party reflect the difficult situation to the court and request the court to consider the specific circumstances and mediate the case. Of course, the injured party and the other party can also be privately negotiated. 2, in view of the lawyer can not be informed of the specific circumstances of the case, we recommend that you inform the lawyer of the specific circumstances (such as which stage of the case, whether the criminal part of the trial has been held, etc.), the lawyer will provide you with a further legal analysis. The above suggestions for your reference.