First, criminal proceedings and civil proceedings in criminal and civil cases caused by different legal facts should be handled separately, in no particular order.
The characteristic of applying "parallel punishment and civil trial" is that criminal trial and civil trial do not affect each other.
The trial of the civil part does not depend on the confirmation of the criminal judgment. Civil liability can be handled according to civil evidence, and criminal cases and civil cases can be handled separately.
The legal facts here mainly refer to legal acts, including three elements:
Subject, content and object.
As long as the three elements of two or more legal acts are not exactly the same, they should belong to different legal acts.
Different legal acts infringe on criminal legal relations and civil legal relations respectively, and the results of criminal proceedings and civil proceedings (except the execution stage) do not interfere with each other to ensure the realization of their respective litigation purposes.
Second, if the judicial organ finds that the victim's personal rights and property rights have been violated in criminal proceedings, it should solve the criminal responsibility of the defendant and the victim's civil damages.
Because the current judicial interpretation does not support the issue of compensation for mental damage in criminal incidental civil proceedings, victims and their families can file a separate lawsuit for compensation for mental damage after the criminal trial.
Third, in the process of civil litigation, if the people's court has filed an economic dispute case, and the people's court finds that it is suspected of a crime, or the public security organ or the procuratorial organ thinks that it is suspected of a crime, the people's court shall determine whether the case is a suspected economic crime case or an ordinary economic dispute case, and the people's court shall continue to hear civil economic dispute cases;
Cases with obvious criminal suspects shall be transferred to public security procuratorial organs for handling.
That is to say, for this kind of cases, the treatment mode of "punishment first, then people" is mainly implemented, that is, the civil lawsuit is suspended temporarily, and can only be tried after the criminal case is closed, or it is handled as a civil lawsuit attached to the criminal case.
Fourth, the criminal suspect's case was discovered only after the end of the civil lawsuit. It is still valid to cancel the civil lawsuit without trial supervision procedures and start a criminal lawsuit separately.
Fifth, if the parties to a case are suspected of economic crimes because of the same legal fact, they should first distinguish whether they belong to the same legal relationship. If so, we should suspend the trial of economic disputes, wait for the end of criminal proceedings, and then resume civil proceedings, in line with the "punishment first, then the people" treatment model;
If not, criminal and civil proceedings should be handled in parallel, and the handling mode of "punishment before people" is not applicable.
Sixth, if it is difficult to clearly rule out that criminal legal facts and civil legal facts are not the same legal facts, it should generally be handled according to the model of "punishment first, then people".
Because the scope of legal facts identified in criminal cases and civil cases may be different, and they may or may not belong to the same legal facts.
The identification of suspected economic crimes will not only affect the nature of civil legal relations and the sharing of responsibilities between the parties, but also affect the amount of civil litigation objects because of the return of the illegal money involved.
In this case, the trial of criminal cases not only directly determines whether the suspect constitutes a crime, but also affects the determination of legal facts in economic disputes, the nature of civil legal relations and the sharing of responsibilities between the parties.
legal ground
Article 149th of the Criminal Procedure Law of People's Republic of China (PRC)
Article 149th of the Civil Procedure Law of People's Republic of China (PRC)
A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital;
If an extension is needed, it shall be reported to the people's court at a higher level for approval.