According to Article 101 of the Criminal Procedure Law of People's Republic of China (PRC), 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. This means that in criminal cases, if there is no judgment to compensate the victim, the victim can still seek compensation by filing an incidental civil action.
At the same time, the law also stipulates that the victim's legal representative and close relatives also have the right to file an incidental civil action if the victim dies or loses his capacity for conduct. This further guarantees the right of victims or their relatives to receive compensation. Therefore, even if there is no judgment to compensate the victim in criminal cases, it does not mean that the victim cannot get compensation. The victim or his legal representative or close relatives can still bring an incidental civil action according to law to safeguard their legitimate rights and interests.
Tianjin Zhong Bai lawyer office
Tianjin Zhong Bai lawyer office
Tianjin Zhong Bai lawyer office
Tianjin Zhong Bai lawyer office
Tianjin Zhong Bai lawyer office