If the criminal incidental civil compensation cannot be compensated, it may bring a criminal incidental civil lawsuit to the court.
According to article 10 1 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.
When necessary, the people's court may take preservation measures to seal up, detain or freeze the defendant's property.
(1) 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.
The people's court may mediate in the trial of incidental civil litigation cases, or make a judgment or ruling according to the material losses.
(2) Incidental civil actions should be tried together with criminal cases. Only in order to prevent excessive delay in the trial of criminal cases can the same trial organization continue to hear incidental civil actions after the trial of criminal cases is over.
When will the complaint of criminal incidental civil action be submitted?
A bill of complaint in a criminal incidental civil action shall be filed after the criminal case is put on file and before the judgment of first instance is announced.
Before the judgment of first instance is pronounced, if the person who has the right to bring an incidental civil action fails to do so, no incidental civil action may be brought. However, a separate civil lawsuit may be filed after the criminal judgment takes effect.
In the stage of investigation, pre-trial, examination and prosecution, if the person who has the right to file an incidental civil action makes a claim for compensation to the public security organ or the people's procuratorate, the people's court shall accept it as an incidental civil action after the criminal case is filed; After mediation by the people's procuratorate of the public security organ, the parties reach an agreement and pay, and the victim insists on bringing an incidental civil action to the court, the people's court may also accept it.
You can mention the subject of criminal incidental civil action.
(1) Citizens who have suffered material losses due to criminal acts.
(2) Enterprises, institutions, machine groups, etc. People who have suffered material losses due to criminal acts.
(3) If the victim is a minor or a mental patient with no or limited capacity for conduct, his legal representative may file an incidental civil action on his behalf.
(4) When the victim dies, his close relatives may file an incidental civil action.
(5) If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.
If the victim of a criminal case wants to get compensation, he can judge whether he meets the conditions for obtaining compensation according to the provisions of the current law. Meet the corresponding conditions, but the other party refuses to pay compensation, the victim may bring a criminal incidental civil action when the court hears a criminal case. Of course, even if you file a lawsuit, you may not get compensation.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 102 of the Criminal Procedure Law of People's Republic of China (PRC)
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 103
The people's court may mediate in the trial of incidental civil litigation cases, or make a judgment or ruling according to the material losses.