Should death compensation be supported in criminal cases?

In criminal cases, the court does not support the request for death compensation.

According to the law, in criminal cases, the court only presided over the request for compensation for material losses caused by criminal acts, and did not support the request for compensation for death compensation and spiritual comfort.

However, if the criminal suspect voluntarily compensates, the law does not prohibit it.

Criminal procedure law

Article 99 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.

The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC)

Article 155 When a judgment is incidental to a civil action, the amount of compensation that the defendant should pay should be determined according to the material losses caused by the criminal act and the specific circumstances of the case.

If a criminal act causes personal injury to the victim, it shall compensate medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If the victim is a disabled person, he shall also compensate for the expenses of living AIDS for the disabled; If the victim dies, he shall also pay compensation for funeral expenses and other expenses.

If driving a motor vehicle causes casualties or heavy losses to public or private property, which constitutes a crime, the liability for compensation shall be determined in accordance with the provisions of Article 76 of the Road Traffic Safety Law of the People's Republic of China.

If the parties to an incidental civil action reach a mediation or settlement agreement on civil compensation, the scope and amount of compensation shall not be restricted by the provisions of paragraphs 2 and 3.