Can I file a civil compensation lawsuit after the criminal judgment takes effect?

Yes, after the criminal judgment takes effect, they have the right to file an incidental civil action in the course of criminal proceedings, and the legal representative and close relatives of the victim have the right to file an incidental civil action. You can submit a criminal incidental civil action to the court. If a criminal judgment has been made, a separate civil lawsuit needs to be filed with the court.

Legal analysis

Civil action incidental to criminal proceedings refers to the litigation activities carried out by judicial organs in the process of criminal proceedings, which not only solves the criminal responsibility of the defendant, but also solves the problem of compensation for material losses caused by the defendant's criminal behavior. After the criminal judgment comes into effect, the conditions for filing a civil lawsuit are similar to those for general civil litigation. If the plaintiff and legal representative who file an incidental civil action meet the statutory requirements, and the defendant has specific requirements and facts for compensation, it is within the scope of the people's court to accept the incidental civil action according to the fact that the defendant's criminal behavior has caused material losses to the victim. The incidental civil action shall be initiated after the criminal case is put on file and before the judgment of first instance is announced. Before the judgment of first instance is pronounced, if the person who has the right to bring an incidental civil action fails to do so, no incidental civil action may be brought. However, a separate civil lawsuit may be filed after the criminal judgment takes effect. When the people's court hears an incidental civil action case according to law and finds that the defendant really has no property to execute, it shall make a ruling to suspend or terminate the execution.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 101 If the victim suffers material losses due to the criminal act of the defendant, he has the right to bring an incidental civil action in 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. If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.

Article 104 An incidental civil action shall be tried together with a criminal case. Only in order to prevent excessive delay in the trial of criminal cases can the same trial organization continue to hear incidental civil actions after the trial of criminal cases is completed.