Legal analysis: There are both civil actions and criminal cases, which are called criminal incidental civil actions. If a case is found to be suspected of a criminal offence during the trial of a civil case, the court has the obligation to transfer the case to the corresponding judicial organ for investigation and suspend the trial of the civil case. If the defendant in a general civil action is criminally detained for matters other than this case, and the defendant entrusts an agent, the case will proceed normally. Defendants who have not entrusted an agent ad litem, such as cases in which the defendant must appear in court, will also be suspended.
Legal basis: Article 101 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.