1. If the plaintiff has the ability to compensate and conceal the property, he may apply to the court to investigate the defendant's property. After discovering the property, you may request the court to enforce the defendant's property;
2, unable to repay, negotiate to pay off the compensation in installments;
3. If the defendant is unable to work and has difficulties in production, the court may end the compensation case.
The Criminal Procedure Law defines the scope of compensation as "material loss". "Criminal Procedure Law" explains clearly: "If personal injury is caused, medical expenses, nursing expenses, transportation expenses and income reduced due to missed work shall be compensated as reasonable expenses for treatment and rehabilitation. If the victim is a disabled person, he shall also compensate for the expenses of living AIDS for the disabled; If the victim dies, he shall also pay compensation for funeral expenses and other expenses. "
What is the standard of criminal incidental civil compensation?
(1) medical expenses: according to the actual expenses, it is limited to the medical treatment of physical injuries, excluding the expenses incurred by plastic surgery and rehabilitation treatment; (2) Lost time: limited to the actual deduction of the victim's work unit, not higher than three times the local average living standard; (3) Nursing expenses: refers to the expenses actually paid by nursing staff according to medical needs. Not higher than the actual income of hospital nurses; (4) Transportation expenses: limited to necessary and actual expenses; (5) Hospitalization food subsidy: calculated according to the standard of food subsidy for ordinary staff of local state organs; (6) Living expenses of the dependents: calculated according to the degree of the victim's incapacity to work and the per capita consumption expenditure standard of urban residents in the previous year where the court is located; (7) Funeral expenses: based on the average monthly salary of employees in the last year where the court is located, the total amount is calculated for six months.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 10 1 of the Criminal Procedure Law
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.
Article 254 of the Civil Procedure Law
After the people's court has taken the enforcement measures specified in Articles 242nd, 243rd and 244th of this Law, if the person subjected to execution is still unable to repay his debts, he shall continue to perform his obligations. If the creditor finds that the person subjected to execution has other property, he may request the people's court for execution at any time.