Q: Hello, lawyer. My cousin was beaten up on the road after he came home from school that night, and then all his money was taken away. Now that the case is almost over, I would like to consult. Can a criminal lawsuit be filed in this case? I would like to ask if I can file a civil lawsuit attached to a criminal offense and how to handle it?
Answer: Junsui Legal Online Consulting will give you the answer
1. Paragraph 1 of Article 36 of the Criminal Law of the People's Republic of China and the People's Republic of China stipulates: "Those who have committed crimes due to criminal acts If the victim suffers economic losses, in addition to criminal penalties in accordance with the law, the criminals shall also be sentenced to compensate for the economic losses according to the circumstances." 2. Article 77 of the Criminal Procedure Law stipulates: "If the victim suffers material losses due to the defendant's criminal behavior, he has the right to file an incidental civil lawsuit during the criminal proceedings. If state property or collective property suffers losses, the People's Procuratorate When filing a public prosecution, an incidental civil lawsuit may be filed. Article 1 of "3. The Regulations of the Supreme People's Court on the Scope of Incidental Civil Litigation in Criminal Procedures" stipulates: "Those who suffer material losses due to criminal infringement of their personal rights, or whose property has been damaged." If criminals suffer material losses due to destruction, they may file an incidental civil lawsuit; if the victim suffers mental losses due to crime, the people's court will not accept it."