Civil compensation for criminal acts is a personal debt, and the criminal's personal property is liable for compensation, which will not implicate his wife.
Article 1164 of the Civil Code of the People's Republic of China
? Husband and wife * * * Debts * * Debts with the same signature or later ratification by one of the spouses, as well as debts incurred by one of the spouses in his own name for the daily needs of the family during the marriage relationship, belong to husband and wife * * * debts.
The debts incurred by one of the husband and wife in their own name during the marriage relationship beyond the daily needs of the family do not belong to the same debts of the husband and wife; However, the creditor can prove that the debt is used for the husband and wife's * * * life, * * * production and operation, or based on the same meaning of both husband and wife.
article 36 of the criminal law of the people's Republic of China
? Compensation for economic losses and the principle of civil priority If the victim suffers economic losses due to criminal acts, the criminal shall be given criminal punishment according to law, and compensation for economic losses shall be imposed according to the circumstances.
if a criminal who is liable for civil compensation is sentenced to a fine at the same time, and his property is not enough to pay all of it, or if he is sentenced to confiscation of his property, he shall bear the civil liability for compensation to the victim first.
It belongs to the personal debt of husband and wife
1. When a husband and wife borrow money, the creditor and the debtor clearly agree that the debt is the personal debt of one party, for example, it is clearly agreed in the IOU.
2. The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other. If the third party knows the agreement, the property owned by the husband or wife will be used to pay off the debts owed by the husband or wife. This kind of situation is rare, because in general, the property and debt agreement between husband and wife is secret, and the third party cannot know it. In this type of dispute, the husband or wife must prove that the third party knows the agreement.
3. It can be proved that the debt did not arise during the relationship between husband and wife. Such as debts incurred before marriage or after divorce should generally be recognized as personal debts, except that the creditor can prove that the debts are used for the married family to live together.
4. It can be proved that the debt has not been used for the married life of the same person. Even if one of the spouses uses the debt for production and business activities, but never for family expenses, it can be proved that it is personal debt. Because money is a kind of thing, not a specific thing, it is impossible to prove where this money is used and where that money is used, so it is difficult to prove it. In practice, it mainly depends on the relevance and rationality of borrowing and married life.
5. Due to the particularity and specificity of its nature and legal characteristics, the debts incurred by a husband or wife who infringes on other people's personal and property rights need not be agreed by the husband and wife and are performed by the infringer personally, but should also be presumed as their personal debts.
6. If one of the husband or wife inherits the inheritance and debt alone before or after marriage due to a will or a maintenance legacy agreement, the debt shall be presumed as a personal debt, and after timely integration, the term, method and amount of performance of the debt shall be renegotiated within the duration of the relationship between husband and wife to become a new debt, and the debt shall also be presumed as a personal debt.
7. The debts incurred by one of the spouses due to their violation of criminal laws, administrative regulations or social morality, or due to the continuation, alteration or renewal of such obligations, shall be presumed as personal debts.
if you have any related legal questions, please consult Pushengda Law Firm.