In the trial of a criminal case, if the victim does not file an incidental civil action, can the victim participate in the trial of the criminal case? Can civil compensation be prosecuted separately?

1. When a criminal case is opened, if the victim does not file an incidental civil action, the victim cannot participate in the trial of the case as a party. You can sit in on the trial of this case.

2. If the victim does not file a civil lawsuit incidental to criminal proceedings, he may file a separate civil lawsuit according to law after the criminal case is tried to safeguard his legitimate rights and interests.

Article 164 of the Interpretation of the Supreme Court on the Criminal Procedure Law: In the course of criminal proceedings, if the victim or his legal representative or close relatives file a separate civil lawsuit without filing an incidental civil lawsuit, the people's court may conduct mediation or make a judgment according to the material losses.