Can I sue the other party after being sentenced? If the sentenced person feels that he still has grievances or finally finds evidence that can reverse the case or his rights and interests have been hurt, he can sue the other party. The following is some information about whether he can sue the other party after being sentenced.
Can I sue the other party after being sentenced? 1. Yes, when the legitimate rights and interests of the sentenced person are infringed, they also have the right to bring a lawsuit, which is not restricted by being sentenced.
1. In the process of handling criminal cases, public security organs investigate and understand the situation of criminal suspects through "interrogation", regardless of whether they file a case or not.
2. In criminal cases, witnesses, victims, etc. They all investigate and understand the relevant situation through "inquiry". Article 117 of the Criminal Procedure Law: A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificates of the people's procuratorate or the public security organ shall be produced.
Second, you can sue. Proceedings against prisoners. The plaintiff's habitual residence is under the jurisdiction of the people's court.
Article 22 The following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile: if the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his habitual residence:
(a) the identity litigation filed against people who do not live in the territory of People's Republic of China (PRC);
(2) an identity relationship lawsuit filed against a person whose whereabouts are unknown or who is declared missing;
(3) A lawsuit against the person who has taken compulsory education measures;
(4) Proceedings against prisoners.
Can I sue the other party after being sentenced? Yes! The Constitution of People's Republic of China (PRC) clearly stipulates the rights of our citizens. Although the client may be sentenced, he still has the right to be inviolable. If his property and interests are infringed, he also has the right to maintain it!
Legally, he is your creditor and you admit that you are a debtor. He has the right of recourse, whether he is sentenced or not! However, there are many situations in debt disputes that require evidence, not just verbal promises. Many times, you can deny it! I suggest you hire a lawyer, because you have no advantage in law!
Deprivation of rights, just political rights, just deprived of the right to vote and be elected! Other civil rights are still owned as ordinary citizens!
The sentenced person can sue others.
When the legitimate rights and interests of the sentenced person are infringed, they also have the right to bring a lawsuit and are not restricted by being sentenced.
If the other party goes to prison, the plaintiff can also sue, usually with incidental civil action. The limitation of action for personal injury compensation is 1 year, counting from the date when you know or should know that the infringement occurred. As far as the problem it solves is concerned, incidental civil action is a matter of material loss compensation, which belongs to civil disputes just like damages in civil actions, but it is different from ordinary civil actions and has its own particularity.
Legal analysis
If the other party is in prison, the plaintiff can also sue, usually a criminal incidental civil action. Even if the other party has been sentenced, he can bring a lawsuit directly to the people's court, and then the other party still needs to compensate himself. This is manifested in two aspects: in essence, this kind of compensation is caused by criminal behavior; Procedurally speaking, it is filed in the course of criminal proceedings, and is generally tried by a trial organization that jointly hears criminal cases. Its establishment and settlement are inseparable from criminal proceedings, so it is a special litigation procedure. Because of this, the law to solve the problem of incidental civil action has complex characteristics: as far as substantive law is concerned, the determination of damage facts should not only follow the provisions of criminal law on the composition of specific cases, but also be adjusted by civil legal norms; As far as procedural law is concerned, the provisions of the Civil Procedure Law shall apply, except for the special provisions of the Criminal Procedure Law. Such as litigation principles, compulsory measures, evidence, advance payment, litigation preservation, mediation and reconciliation, withdrawal of counterclaims, etc., should follow the relevant provisions of the Civil Procedure Law.
legal ground
Article 22 of the Civil Procedure Law of People's Republic of China (PRC): The following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile: Where the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence:
(a) the identity litigation filed against people who do not live in the territory of People's Republic of China (PRC);
(2) an identity relationship lawsuit filed against a person whose whereabouts are unknown or who is declared missing;
(3) A lawsuit against the person who has taken compulsory education measures;
(4) Proceedings against prisoners.
Can I sue the other party after being sentenced? Will the other party appeal after the criminal case is pronounced?
Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels; The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels.
If the victim or his legal representative refuses to accept the judgment of first instance of the local people's courts at all levels, he has the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment.
The appeal period against the judgment is ten days, and the appeal period against the ruling is five days, counting from the second day after receiving the judgment or ruling.
Article 227 of the Criminal Procedure Law stipulates that defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels.
The defendant shall not be deprived of the right to appeal under any pretext.
When the loan is not repaid, the parties shall bring a public prosecution to the people's court with jurisdiction, stating the basic situation of both parties; The plaintiff submits materials to the court, and the parties submit documentary evidence to the court; The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the acceptance notice; After the case is filed, the case will be arranged for the court to hear.