First, criminal incidental civil compensation?
1. If the plaintiff has the ability to compensate and conceal the property, he may apply to the court to investigate the defendant's property. After discovering the property, you may request the court to enforce the defendant's property.
2 really unable to repay, according to the provisions of the "General Principles of the Civil Law", negotiated by installments.
3. If the defendant is unable to work and has difficulties in production, the court may end the compensation case.
Civil compensation is the civil liability arising from infringement between equal civil subjects. In the state statutory compensation system, the subject, nature, applicable compensation principles, standards and procedures of civil compensation are different from those of state compensation. Torts committed by state functionaries as civil subjects belong to civil torts, and the resulting liability is civil liability for compensation.
Two. Under what circumstances can I file an incidental civil action?
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.
When necessary, the people's court may take preservation measures to seal up, detain or freeze the defendant's property. The plaintiff or the people's procuratorate in an incidental civil action may apply to the people's court for preservation measures. The people's court shall adopt preservation measures and apply the relevant provisions of the Civil Procedure Law.
Three. Time limit for filing incidental civil action
An incidental civil action shall be filed after the criminal case is filed and before the judgment of first instance is announced. The person who has the right to file an incidental civil action shall not file an incidental civil action before the judgment of first instance is announced. However, a separate civil lawsuit may be filed after the criminal judgment takes effect.
The reason why the incidental civil action should be initiated before the judgment of the first instance is announced after the criminal case is filed is because if the incidental civil action and the criminal action are not resolved at the same level of the first instance, it will lead to the separation of the two actions in the trial procedure, which will not achieve the purpose of establishing the incidental civil action system to improve efficiency and save litigation resources, and will not be conducive to finding out the case in time.
Legal basis: Article 119 of the Civil Procedure Law of People's Republic of China (PRC), the prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 28 of the Lawyers Law of People's Republic of China (PRC), lawyers may engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.