Legal analysis
You can make a claim for civil compensation. Criminal liability and civil liability are two kinds of legal relations. After taking criminal responsibility, civil liability cannot be exempted, and after taking civil compensation, criminal responsibility cannot be alleviated. Legal criminal incidental civil action refers to the litigation activities carried out by judicial organs in the process of criminal proceedings, which not only solves the criminal responsibility of the defendant, but also solves the problem of compensation for material losses caused by the defendant's criminal behavior. If the victim has suffered material losses due to the defendant's criminal behavior, in the course of criminal proceedings, if he files an incidental civil action, he needs to make compensation after being sentenced. If state property or collective property suffers losses, the people's procuratorate will also pay compensation if it files a public prosecution with a civil lawsuit. Therefore, criminal cases are two different things, and compensation should not wait for jail. The plaintiff in incidental civil action is the victim of criminal action and will apply to the court for enforcement. If the deposit is sufficient, the court will directly execute the account. If it is not enough, the court will not confiscate the things at home, but the court can auction the things at home, and the money will be used to compensate the plaintiff in the incidental civil action. If there is any surplus, it will be returned.
legal ground
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 17 The living expenses of the dependents shall be calculated according to the degree of the disabled dependents and the standards of the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents in the last year where the Court of Appeal is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.
Article 77 of the Criminal Procedure Law of People's Republic of China (PRC), a criminal suspect or defendant living under surveillance shall abide by the following provisions: (1) Without the approval of the executing organ, he shall not leave the place where he lives under surveillance; (two) without the approval of the executive organ, shall not meet with others or correspondence; (3) Being present in time when being arraigned; (four) shall not interfere with the testimony of witnesses in any form; (five) shall not destroy or forge evidence or collusion; (six) the passport and other entry and exit documents, identity documents, driving documents to the executive organ for preservation. If a criminal suspect or defendant living under surveillance violates the provisions of the preceding paragraph and the circumstances are serious, he may be arrested; If it is necessary to arrest, the criminal suspect or defendant may be detained first.