The Supreme People's Court's official reply on the people's court of second instance's hearing of the appeal of the victims of criminal cases against the incidental civil part and making the final judgment on the incidental civil part;
For criminal incidental civil cases, the defendant did not appeal against the criminal judgment, nor did the people's procuratorate protest, but the victim appealed against the incidental civil action as the plaintiff of the incidental civil action. The people's court of second instance should not only review the incidental civil action, but also review the criminal action, so as to correctly determine the civil liability and make a final judgment on the incidental civil action. The criminal judgment of first instance takes legal effect after the expiration of the appeal. If an error is found in the criminal judgment of the first instance during the trial of the second instance, it shall be handled according to the procedure of trial supervision. If the criminal defendant who should be put in prison for execution still needs to participate in the proceedings as the defendant in the incidental civil action of the second instance, for the convenience of trial, the criminal defendant may be put in prison for execution until the incidental civil action of the second instance ends.