There are many cases in life where the parties not only need to accept legal sanctions and bear criminal liability, but also need to pay compensation and bear civil liability.
1. Template of Civil Judgment Accompanying a Criminal Case
() Criminal No. Zichu
Public Prosecution Agency: _ _ _ _ _ _ _ _ _ _ People Procuratorate
The plaintiff (victim) in the attached civil lawsuit... (Indicate name, gender, date of birth, ethnicity, place of origin, occupation or work unit, position and address, etc.)
Defendant...(please indicate name, gender, date of birth, nationality, place of origin, occupation or work unit and position, address and compulsory measures taken in this case, etc., where is he now)
Support Person... (please indicate name, gender, work unit and position)
On a certain day in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ during the litigation process , the victim _ _ _ _ _ _ filed an incidental civil lawsuit with our court on the grounds of requiring the defendant _ _ _ _ to compensate for economic losses. After the court accepted the case, a collegial panel (or a separate trial by judges) was formed in accordance with the law, and the case was heard publicly (or not publicly). _ _ _ _ _ The chief prosecutor (or committee member) of the People's Procuratorate appears in court to support the prosecution and communicates with the plaintiff (victim) and _ _ _ _ _. The case is now closed.
Firstly, it outlines the basic content of the prosecution’s accusations and briefly describes the civil content of the incidental civil lawsuit brought by the plaintiff. Secondly, state the defendant's confession, defense and the defense points of the defender)
Discovered through trial... (In addition to the facts, circumstances and evidence determined by the court, it should also state that the defendant's behavior caused the victim to directly The fact of economic loss. If the prosecution and defense parties or one party disagrees with the facts, they should not only list the evidence in detail, but also analyze and demonstrate the main evidence to explain the correctness of the facts found in this judgment.)
This court believes that... [It is necessary to demonstrate whether the defendant committed a crime, what crime he committed, and whether he should be held criminally responsible based on the verified facts, circumstances and legal provisions. It is also necessary to demonstrate that the defendant’s right to the victim Whether the economic losses should bear civil liability (if there are multiple persons in a case, the status, role and criminal and civil liability of each defendant should also be distinguished), whether it should be treated leniently or severely. The opinions and reasons of the prosecution and defense regarding the application of law should be analyzed, adopted or refuted. According to the provisions of... (specify the legal provisions on which the judgment is based), the judgment is as follows:
...[State the judgment. There are four situations:
First, if the defendant has committed a crime and should compensate for economic losses, then write:
“1. The defendant _ _ _ _ _ _ _ _ _ Person_ _ _ _ _ _ _ _ _ _Person
2. The defendant_ _ _ _ _ _compensated the victim_ _ _ _ _ _...(Indicate the amount of compensation and date of payment) . "
2. The defendant committed a crime, but did not compensate for the economic losses, as follows:
"1. The defendant _ _ _ _ _ _ _ _ person_ _ _ _ _ _ _ _ _人
2. The defendant _ _ _ _ _ does not bear civil liability for compensation (or is exempted from compensation for economic losses). "
Third, the defendant does not constitute Crime, but should be compensated for economic losses, expressed as:
“1. The defendant _ _ _ _ _ is not guilty;
2. The defendant _ _ _ _ _ compensated... .(Indicate the name of the compensated person, the amount of compensation, and the date of payment) "
Fourth, if the defendant does not commit a crime and does not compensate for economic losses, the statement is:
" 1. The defendant _ _ _ _ is not guilty;
2. The defendant _ _ _ does not bear civil liability for compensation. "]
If you are not satisfied with this judgment, you can receive the judgment. Within _ _ _ _ _ days from the next day, appeal directly through our court or to the People's Court. If a written appeal is made, one original copy of the appeal and _ _ _ _ copies shall be submitted.
Presiding judge:_ _ _ _ _ _ _ _ _
Judge:_ _ _ _ _ _ _ _
Judge:_ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(Institute seal)
This document is identical to the original check.
Staff:_ _ _ _ _ _ _ _
Second, the statute of limitations for criminal incidental civil litigation
Criminal Procedure Law 77 Article stipulates: “If the victim suffers material losses due to the defendant’s criminal behavior, he has the right to file an incidental civil lawsuit during the criminal proceedings.” Article 89 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China" stipulates: "After the criminal case is filed and before the first-instance judgment is pronounced, an incidental civil lawsuit shall be filed." This shows that as long as the victim files an incidental civil lawsuit before the first-instance judgment is pronounced, it should be deemed to be "in the process of criminal proceedings" and shall not exceed the time limit for filing an incidental civil lawsuit and shall not be restricted by the statute of limitations for simple civil actions.
The specific time limit depends on the nature of the request. Generally, the statute of limitations for property rights is within two years, and the right to claim for personal injury compensation is within one year. Article 135 of the "General Principles of the Civil Law" stipulates: "The statute of limitations for petitioning the People's Court for protection of civil rights is two years, unless otherwise provided by law.
Third, criminal litigation is accompanied by civil litigation< /p>
All criminal and incidental civil cases are conducted at the same time.
Criminal cases are prosecuted by the procuratorate, and incidental civil cases are prosecuted by the parties themselves. The court where you file the lawsuit is the court where the procuratorate files the lawsuit.
Generally, the court has a sample civil complaint. Fill in your personal information, such as the defendant's personal information, phone number and home address. Reasons for prosecution, requests, etc.
Generally, judges who hear criminal cases will hear attached civil cases at the same time, and the procedures will not be the same as in civil lawsuits.
Legal objectivity:
Criminal Procedure Law
Article 228
Local people’s procuratorates at all levels believe that the judgments and rulings of the people’s courts at the same level are correct When there is an error, a protest shall be filed with the People's Court at the next higher level.
Opinions of the Supreme People's Procuratorate on Strengthening and Improving Criminal Protest Work
Article 7
If the judgment or ruling made by the People's Procuratorate on a civil lawsuit attached to a criminal offense is obviously inappropriate, or if the judgment or ruling made by a party on a civil lawsuit attached to a criminal offense that has taken effect is obviously inappropriate, the People's Procuratorate shall file a protest and support the protest.