The basic procuratorate will agree, after all, people are dead!
If the murderer intentionally murders others, he must compensate the victim's family, that is, civil compensation!
Important reminder: I want to apply for civil compensation from the prosecutor of the procuratorate.
Does the procuratorate have the obligation to inform the victim's family after the criminal case is heard? According to the law, the procuratorate will inform the victim of the right to file an incidental civil action and entrust an agent when examining and prosecuting, and has no other obligation to inform.
According to Article 99 of the Criminal Procedure Law, if the victim suffers material losses due to the defendant's criminal behavior, he has the right to file an incidental civil action in the course of criminal proceedings. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action.
If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.
Article 100 When necessary, the people's court may take preservation measures to seal up, detain or freeze the defendant's property. The plaintiff or the people's procuratorate in an incidental civil action may apply to the people's court for preservation measures. The people's court shall adopt preservation measures and apply the relevant provisions of the Civil Procedure Law.
Article 101 The people's court may conduct mediation in the trial of incidental civil litigation cases, or make a judgment or ruling according to the material losses.
After the criminal case is confirmed, do you want to show the victim's family some information? Inform the victim's family of the appraisal conclusion, litigation rights and obligations, etc. , and asked for a signature.
In criminal cases, the victim's family can meet the murderer's family. In criminal cases, the victim's family can meet the murderer's family. There are no legal restrictions, as long as the families of the victims are willing. The law only restricts defense lawyers from obtaining evidence from victims or close relatives, and requires the permission of the people's procuratorate or the people's court.
Legal provisions: People's Republic of China (PRC) Criminal Procedure Law
Article 41 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court.
With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.
What should the families of victims in criminal cases do if they refuse to accept the first-instance judgment? Generally speaking, they should hire lawyers and listen to their opinions to decide whether to appeal. If the appeal is not aggravated, you can consider appealing.
Article 216 of the Criminal Procedure Law: The defendant, the private prosecutor and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of the local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels.
The defendant shall not be deprived of the right to appeal under any pretext.
Does the state compensate the families of victims in criminal cases to a certain extent? In Fuzhou, victims of criminal cases and their families who have been harmed by criminal acts but cannot obtain compensation through criminal incidental civil litigation and have difficulties in life can apply to the court for economic relief. Fuzhou Intermediate People's Court recently issued "Several Provisions on Judicial Assistance for Victims of Criminal Cases". The victim suffers from a criminal act, resulting in total or partial loss of working ability and no other source of livelihood; The victim is injured and disabled by a criminal act and needs to spend huge medical expenses, which he is unable to pay; The victim suffered huge economic losses due to criminal acts, and his life was particularly difficult; When the victim dies, it is particularly difficult to live by relying on his support, upbringing and close relatives. Fuzhou Intermediate People's Court will review the applicant and determine the specific amount of funding. Generally, the lower limit is less than 20,000 RMB. Under special circumstances, the judicial committee shall decide whether to increase the amount.
Can the court of a criminal case not inform the victim's family when it is in session? You don't have to be present, but if the victim files an incidental civil action, the court will definitely inform him to be present. For example, victims of theft rarely appear.
Will the family members be notified when the criminal case court hears the case? According to Article 151st of the Procedural Law, after the people's court decides to hold a hearing, it shall do the following work:
(a) to determine the members of the collegial panel;
(2) A copy of the indictment of the people's procuratorate shall be served on the defendant at least ten days before the court session. If the defendant fails to entrust a defender, he shall be informed that he can entrust a defender, and if necessary, he may appoint a lawyer who undertakes the obligation of legal aid to defend him;
(3) Notify the people's procuratorate of the time and place of the court session three days before the court session;
(4) Summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and translators, and the summons and notice shall be delivered at least three days before the court session;
(5) For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
The above activities shall be recorded in the record and signed by the judges and the clerk. At that time, the court will announce the cause of action, the defendant's name, the time and place of the trial three days before the trial, and generally will not inform the family members, so everyone can pay attention to it themselves.