Will criminal non-compensation be heavier?

Whether criminal failure to pay compensation will be severely punished depends on the specific circumstances. 1. If it is a crime of fixed-term imprisonment of less than three years, it is not a penny compensation, nor can it be severely sentenced. 2. If it is an injury case or compensation for minor injuries, as long as the victim understands, there will be no heavy sentence. However, if the victim does not understand, even if compensation is paid, it will not necessarily be lightly sentenced.

Legal analysis

The law does not stipulate that money can be used to offset the punishment, nor does it stipulate that heavy punishment should be imposed without compensation. Only those who surrender, plead guilty and show repentance can be given a lighter or mitigated punishment. 1. If a civil case is suspected of a criminal offence, it may be transferred to a criminal case for trial first according to law. This needs to be judged according to the specific time. 2, such as civil disputes in economic cases, even if the defendant has no ability to compensate, it cannot be converted into a criminal case. The state has legislated many times to prohibit solving civil disputes by criminal means. Even if it is possible to compensate for detention, it is only a civil compulsory measure, which is essentially different from punishment. In criminal proceedings, the defendant can actively compensate the victim in order to obtain the victim's understanding. Because of the victim's understanding and positive compensation, to a certain extent, it can become an important plot for the other party to be given a lighter sentence. According to the relevant laws and regulations, if a criminal of intentional injury is imprisoned, no compensation will not aggravate the punishment. Civil compensation and criminal punishment are separated. If the compensation is not paid, the victim can apply for enforcement.

legal ground

Article 200 of the Criminal Procedure Law of People's Republic of China (PRC) * * * After the defendant made his final statement, the presiding judge announced an adjournment, and the collegial panel made the following judgment after deliberation according to the facts, evidence and relevant laws and regulations: (1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict will be made; (2) If the defendant is found innocent according to law, a verdict of innocence shall be made; (3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.