How to go to criminal incidental civil compensation

Criminal incidental civil compensation can be executed in the following ways:

(1) Applying to the court to inquire, freeze or transfer the deposits of the respondent refers to the activities of the people's court to investigate, inquire or check the deposits of the respondent to banks, credit cooperatives and other units. Freezing refers to the compulsory measures taken by the people's court to prohibit the withdrawal or transfer of the deposits of the respondent in banks, credit cooperatives and other financial units during the period of litigation preservation or execution.

(2) Apply to the court for seizure and withdrawal of the income of the respondent. Article 243rd of the Civil Procedure Law stipulates: "If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained. When the people's court distrains or withdraws income, it shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business. " In the practice of execution, withholding the income of the person subjected to execution is an execution measure often used by people's courts. Detention and revocation are two closely related compulsory measures. Seizure is a temporary measure, which temporarily detains the income of the person being executed, stays in the original unit, and may not be used or transferred to urge him to fulfill his obligations within a time limit. If it fails to perform within the time limit, the proceeds can be extracted and delivered to the application executor.

(3) applying to the court for sealing up, distraining, auctioning or selling off the property of the respondent. If the respondent fails to perform its obligations in accordance with the enforcement notice, the people's court has the right to seal up, detain, auction or sell off the respondent's property. Seizure is a temporary measure, which means that the people's court seals up the relevant property of the person subjected to execution, seals it up on the spot, and prohibits anyone from transferring or disposing of it.

(4) In the process of applying to the court to search the hidden property of the person subjected to execution, there will be cases where the person subjected to execution not only fails to perform the obligations stipulated in the legal documents within the time limit, but also transfers the property and refuses to inform the people's court of its real estate status.

legal ground

Article 10 1 of the Criminal Procedure Law stipulates that 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.