First of all, there must be facts of damage, which is the prerequisite for compensation for mental damages.
Second, the perpetrator’s tortious behavior must be illegal, which is the basic condition for civil liability for mental damage.
3. There must be a causal relationship between the illegal act and the fact of damage.
1. When citizens’ rights to life, health, body, name, portrait, reputation, honor, personal dignity, and personal freedom are infringed upon, they may request compensation for mental damage in accordance with the law.
2. If it violates public interests or social ethics and infringes on the privacy or other personality rights of others, the victim has the right to request compensation for mental damage in accordance with the law.
3. After the death of a citizen, if his or her right to name, portrait, reputation, honor, privacy, body and other personal rights are illegally violated, causing mental pain to the deceased’s close relatives, the deceased’s close relatives shall also You can request compensation for mental damage according to law.
4. If the violation of custody rights causes mental damage, the victim may request compensation for mental damage according to law.
5. If specific commemorative items are lost or damaged, causing mental damage, the victim may request compensation for mental damage.
The victim’s request for compensation for mental damages is limited to torts that do not involve crime.
Whether one can request compensation for mental damage in a criminal lawsuit has always been a controversial topic in judicial theory and practice circles, and has attracted widespread attention from all walks of life. Supporters believe that although the criminal's sentencing can bring spiritual comfort to the victim to a certain extent, it is still not enough to comfort the victim's pain. Criminal punishment cannot replace the mental damage and pain caused by the victim's violation. Economic compensation can reduce or eliminate the mental damage to a certain extent. Free compensation for mental comfort in criminal cases reduces the cost of crime to a certain extent, but is tantamount to condoning crime. Opponents believe that criminals should bear criminal responsibility and comfort victims, and compensation for mental damage should not be supported. 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, but he cannot file for mental damage compensation during the criminal incidental civil lawsuits.
I hope the above content can help you. If in doubt, please consult a professional attorney.
Legal basis:
Article 183 of the "Civil Code of the People's Republic of China"
If the infringement of the personal rights and interests of a natural person causes serious mental damage, The victim has the right to request compensation for mental damages. If serious mental damage is caused to a specific object of personal significance to a natural person due to intention or gross negligence, the offended person has the right to request compensation for mental damage.