Criminal procedure law
Article 16 In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.
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.
Extended data:
Case:
The man committed suicide after killing three people, and his parents, wife and children were responsible for compensation.
Gao Wei, the murderer of the vicious homicide case, committed suicide by taking pesticide after stabbing three people with a knife and injuring 1 person, and died after being rescued. Subsequently, one of the family members of the deceased brought the murderer's parents, spouse and children to court, demanding compensation for medical expenses, death compensation, funeral expenses and other economic losses.
Recently, JIAOZHOU court heard the case according to law and sentenced five defendants to compensate the plaintiff for more than 500,000 yuan within the scope of inheriting Gao Wei's legacy.
On September 25th last year, at around 13, a knife attack occurred in Zhangjiaxiaozhuang, Jiaoxi Town, jiaozhou city, killing three people and seriously injuring 1 person. The perpetrator is Gao Wei. It is understood that due to a neighborhood dispute, Gao Wei took a knife to the home of two villagers in the same village, including Zhang Lihua, and stabbed four people and then fled.
Among them, Zhang Lihua died on the same day because of being stabbed in the heart, and his wife Qin Song was also stabbed. At 8 o'clock the next morning, the police found Gao Wei who had tried to commit suicide by drinking pesticides in an abandoned yard. On the 27th, Gao Wei died after being rescued.
Qin Song and his two children brought a lawsuit to the court, demanding that the defendant be ordered to pay compensation for medical expenses, death compensation, funeral expenses and other economic losses totaling more than 500,000 yuan.
In the end, the court made a judgment of first instance, and Gao Wei's parents, wife and children compensated Qin Song and their children for death compensation, funeral expenses, mental damage compensation, transportation expenses and other 4 18496 yuan within the scope of inheriting Gao Wei's legacy; Compensation for Qin Song's medical expenses, disability compensation, appraisal fees, spiritual comfort, etc. That's 8 1, 988.94 yuan.
References:
The Supreme People's Procuratorate-Criminal Procedure Law