Q: Lawyer, if the ongoing civil case needs to be judged based on the outcome of the criminal case, will it be suspended?
Answer: Junsui Legal Online Consulting will give you the answer
According to the law, any person who suffers material losses due to the criminal behavior of a criminal defendant, and the People’s Procuratorate raises the issue in criminal proceedings If you request compensation, you can be the plaintiff in an incidental civil lawsuit. Specifically include:
1. Victim. The Criminal Procedure Law stipulates that 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. Generally speaking, the plaintiff in an incidental civil lawsuit is the victim in a criminal case. As the direct victim of a crime and the party who suffered losses, the victim has the right to file an incidental civil lawsuit to demand compensation from the defendant while requiring the defendant to bear criminal responsibility.
2. Close relatives of the deceased victim. When the victim is already dead, due to the death of the party concerned, his litigation capacity and litigation capacity are extinguished, and he cannot file a lawsuit in his own name, and his civil rights need to be asserted. Therefore, the incidental civil litigation procedure specifically stipulates that close relatives can Prosecution. The scope of close relatives is 'husband, wife, father, mother, son, daughter, brother and sister' as stipulated in Article 82 of the Criminal Procedure Law.
3. The legal representative of the victim who has no capacity or has limited capacity. In this case, the losses suffered by the victim due to the crime are generally borne by his legal representative. Therefore, filing an incidental civil lawsuit by the victim's legal representative is conducive to safeguarding the civil rights and interests of the victim and his legal representative.