The scope of compensation for criminal incidental civil action

Criminal incidental civil action refers to that in criminal proceedings, because the defendant's criminal behavior has caused losses to the victim, the victim can bring a civil action to the court and demand the defendant to bear civil liability for compensation. In criminal incidental civil action, the scope of compensation that the victim can obtain includes the following aspects:

1. Direct economic loss: refers to the property loss directly suffered by the victim due to criminal acts, such as medical expenses, nursing expenses and compensation.

2. Indirect economic loss: refers to the property loss indirectly suffered by the victim due to criminal acts, such as the reduction of work ability and income caused by injury.

3. Mental loss: refers to the mental loss suffered by the victim due to criminal acts, such as mental pain and mental torture.

4. Reasonable expenses: refers to the reasonable expenses paid by the victim to protect his legitimate rights and interests due to criminal acts, such as attorney's fees and transportation expenses.

It should be noted that in criminal incidental civil action, the amount of compensation the victim receives should be equivalent to the loss he has suffered and should not exceed the scope of his actual loss. In addition, if the victim has obtained compensation through other channels, such as insurance company compensation, then in criminal incidental civil litigation, the victim can only obtain the uncompensated part.

In a word, the scope of compensation that the victim can get in criminal incidental civil action includes direct economic loss, indirect economic loss, mental loss and reasonable expenses, but the amount of compensation should be equivalent to the actual loss and should not exceed the scope of its actual loss.

Legal basis:

Scope of compensation for criminal incidental civil action: Article 17; If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and income reduced due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.

If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim.