First, how to compensate for criminal incidental civil mental damage
1. If a criminal incidental civil action is filed, it is impossible to claim compensation for mental damage. The people's court generally refuses to accept the compensation for mental damage. Therefore, criminal incidental civil action does not compensate for mental damage.
2. Article 175th of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of People's Republic of China (PRC).
If the victim suffers material losses due to the criminal's violation of personal rights or destruction of property, 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.
People's courts generally do not accept incidental civil actions or separate civil actions to claim compensation for mental losses caused by criminal infringement.
Second, how to carry out incidental civil action
First of all, the victim should file an incidental civil action in time. If the victim has died or lost his capacity for civil conduct, it shall be proposed by his successor or guardian. According to the specific circumstances of the case, the filing time can be in the process of public security investigation, prosecution by procuratorial organs or trial by people's courts. Before the start of criminal proceedings, due to the lack of factual basis and accepting organs, it is impossible to file a case. After the trial of the defendant by the people's court is over, the public prosecution activity has ended and it is impossible to file a case. If it is necessary to file a lawsuit, a separate civil lawsuit shall be filed according to law. Failure to lodge a complaint within the prescribed time limit shall be deemed as a waiver of the right to appeal.
Secondly, the parties concerned shall provide relevant evidential materials. In addition to the evidence obtained by the judicial organ to prove the defendant's crime, the parties to the incidental civil action shall provide relevant valid evidence so that the judicial organ can review the judgment and earnestly safeguard the legitimate rights and interests. Such as: medical expenses, transportation expenses, nutrition expenses, proof of missed work, proof of continuing treatment expenses for injury cases; Proof of economic losses in cases such as sabotage of production and operation.
Third, civil plaintiffs, such as victims, can entrust lawyers, close relatives and other people familiar with laws and regulations as their litigation agents, provide them with legal help, collect and obtain evidence or participate in litigation on their behalf. When the court conducts mediation or trial, it should participate in the proceedings on time, and those who fail to appear in court without justifiable reasons will be dismissed.
Fourth, if state property or collective property suffers losses due to criminal acts, the injured unit may apply to the people's procuratorate for public prosecution and incidental civil litigation.
Finally, if a party refuses to accept the judgment of incidental civil action made by the court, he may file an appeal or appeal within the statutory time limit.
I arranged the above. According to the provisions of the Criminal Procedure Law, if the victim or his relatives file a criminal incidental civil action with the people's court, and the victim or his relatives request compensation for mental damage, the people's court will generally not accept it. Therefore, after a criminal incidental civil action is filed, compensation for mental damage is generally not paid.