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. When necessary, the people's court may take preservation measures to seal up, detain or freeze the defendant's property. An incidental civil action shall be tried together with a criminal case.
The process of filing a separate civil lawsuit for traffic accident crime is as follows:
1. Hire a lawyer: As the plaintiff, you need to hire a lawyer to represent you in litigation. The lawyer will help you prepare relevant evidence materials and bring a lawsuit to the court on your behalf;
2. Preparation of the indictment: The indictment is an important document in civil litigation, which must include the basic information of the plaintiff, the basic information of the defendant, facts and reasons, evidence and requests. The preparation of the complaint needs to be completed by both lawyers and plaintiffs;
3. Submit the complaint: After the complaint is prepared, the lawyer will submit the complaint to the court on behalf of the plaintiff and pay the relevant litigation fees. After receiving the complaint, the court will accept it according to law and notify the defendant;
4. Pre-trial mediation: In the pre-trial mediation stage, the court will invite the plaintiff and the defendant to participate in mediation and try to resolve the dispute through consultation. If the two parties can reach a settlement agreement, the court will make a mediation judgment according to the content of the agreement. If the mediation is unsuccessful, the case will enter the trial stage;
5. Trial stage: The trial stage is an important stage of civil litigation, and both the plaintiff and the defendant need to submit evidence, state facts and debate. During the trial. The court will make a judgment based on evidence and legal provisions;
6. Judgment stage: If the plaintiff wins the case, the court will make a corresponding judgment, and the defendant needs to execute the judgment. If the defendant loses the case, he can appeal according to law.
To sum up, the above is the general process of filing a separate civil lawsuit for traffic accident crime, and the specific process may be different due to different regions and cases.
Legal basis:
Article 10 1 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. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action.
If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.