The procedures for a criminal incidental civil lawsuit are: 1. The victim, etc. files a criminal incidental civil lawsuit with the court; 2. After the people's court receives the indictment or oral indictment attached to the criminal lawsuit, it shall review it and file it within 7 Decide within a few days whether to file the case; 3. After accepting the incidental civil lawsuit, serve a copy of the incidental civil lawsuit to the defendant, and determine the time for the defendant to submit the civil complaint; 4. Serve the "Summons" and notify the original and defendants to appear in court as scheduled ; 5. Conditions attached; 6. Court hearing.
The conditions for the establishment of a criminal incidental civil lawsuit are as follows: 1. The plaintiff must be a person who has the right to file an incidental civil lawsuit, that is, what is called a victim in law. The so-called victim refers to a person whose personal rights are directly violated by a criminal act. persons, including citizens, legal persons and other corporate organizations; 2. There is a clear defendant, with specific requests for compensation and factual reasons; 3. The victim’s losses were caused by the defendant’s criminal behavior, that is, there is a Necessary causal relationship; 4. It falls within the scope of the People's Court to accept incidental civil litigation and the jurisdiction of the People's Court subject to the lawsuit.
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Legal basis:
Article 34 of the Criminal Law
The types of additional penalties are as follows: (a) fine; (b) deprivation of political rights; ( c) Confiscation of property. Additional penalties may also be applied separately.