First, the charging standard
The people's court shall not charge legal fees when trying incidental civil litigation cases. Civil incidental to criminal proceedings is to file a civil lawsuit at the same time in the course of criminal proceedings, and there is no need to pay the case acceptance fee according to the regulations. However, if a party brings a civil lawsuit separately on the civil part without bringing a civil lawsuit in the course of criminal proceedings, it shall pay the legal fee according to the charging standard. Article 162 of ""
The people's court shall not charge legal fees when trying incidental civil litigation cases.
Second, how to file a criminal 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.
If the victim is an individual, an incidental civil action shall be brought directly to the people's court; In the case of public prosecution, it is also possible to file a case through the investigation and prosecution organ at the stage of investigation and prosecution. If the state or collective property suffers losses, the legal person or other organization that suffered losses may directly file an incidental civil action with the people's court, or may file an incidental civil action through the investigation and prosecution organ at the stage of investigation and prosecution; If the unit that has suffered losses does not file a lawsuit, the people's procuratorate may file an incidental civil action when it files a public prosecution.
In the stage of investigation, examination and prosecution, the person who has the right to file an incidental civil action demands compensation from the public security organ and the people's procuratorate, and the public security procuratorial organ has filed a case. After a criminal case is prosecuted, the people's court shall accept it as an incidental civil action case; After mediation by the public security and procuratorial organs, the two sides have reached an agreement and paid for it. The victim insists on bringing an incidental civil action to the people's court, which can also accept it.
When an incidental civil action is filed, an incidental civil complaint shall be submitted, stating the situation of the parties, the detailed course of the case and the specific litigation request, and providing corresponding evidence. If it is really difficult to write a complaint, it may be prosecuted orally.
The judge shall ask the plaintiff's oral litigation request in detail, make a written record and read it to the plaintiff; Upon confirmation, the plaintiff shall sign or seal it.
In addition, Article 78 of the Criminal Procedure Law stipulates: "Incidental civil actions should be tried together with criminal cases. Only in order to prevent excessive delay in the trial of criminal cases can the same trial organization continue to hear incidental civil actions after the trial of criminal cases is completed."
The above is the relevant information compiled and summarized by Bian Xiao for everyone. Above, I also answered the question of whether to pay legal fees for criminal incidental civil litigation. According to the regulations of our country, there is no need to pay any legal fees for the above-mentioned cases, so if an unknown person charges any fees to the parties in the course of litigation, he must refuse to pay and report the case in time.
Extended reading:
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