1. Medical expenses: determined according to medical expenses, hospitalization expenses and other receipts issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
2. Lost time: determined according to the lost time and income of the victim.
The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.
If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
3. Nursing expenses: determined according to the income of nursing staff, the number of nurses and the nursing period.
If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.
The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years.
After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS.
4. Transportation expenses: calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.
5. Hospitalization food subsidy: It can be determined by referring to the standard of food subsidy for ordinary staff of local state organs.
The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.
6. Nutrition fee: determined according to the disability of the victim and referring to the opinions of medical institutions.
7. Disability compensation: according to the degree or level of disability of the victim, it is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated as 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
If the victim is disabled due to a work-related injury, but his actual income has not decreased, or his disability level is light, but his employment is seriously affected by occupational hazards, his disability compensation can be adjusted accordingly.
8. Disability assistive devices fee: calculated according to the reasonable cost standard of common applicable devices. If the injury has special needs, you can refer to the opinions of the assistive devices configuration organization to determine the corresponding reasonable cost standard.
The replacement cycle and compensation cycle of auxiliary appliances are determined with reference to the opinions of the organization.
9. Funeral expenses: based on the average monthly salary of employees in the last year where the Court of Appeal is located, the total amount is calculated for six months.
10. Dependent's living expenses: calculated according to the degree of dependent's incapacity and the standards of per capita consumption expenditure of urban residents and per capita annual consumption expenditure of rural residents in the last year where the Court of Appeal is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.
1 1. Death compensation: calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the court of appeal is located, and calculated for 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
Does intentional homicide require compensation? First of all, the answer is definitely compensation. Intentional homicide not only constitutes a crime in criminal cases, but also should compensate the victims or their families in civil cases. There is no conflict between them.
If you actively compensate, you can properly consider the circumstances of sentencing in criminal cases.
Does intentional homicide require compensation? Yes!
There is a simple reason. The other party lacks labor. He may have to support his parents, raise children, help his spouse, appreciate himself and so on. When his life died, all possibilities disappeared. As the initiator of all these consequences, he should pay compensation!
The main compensation items are: medical expenses, nursing expenses, transportation expenses, death compensation, funeral expenses, and maintenance fees for dependents.
The first three expenses are the expenses incurred by the deceased during his lifetime; Death compensation is the economic value created by labor when the deceased survives to natural death; Maintenance is the cost of raising minor children.
The Supreme People's Court's Judicial Interpretation of Implementing the Criminal Procedure Law of People's Republic of China (PRC)
Article 155
When making a judgment on an incidental 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.
Should I pay compensation after intentional homicide? How do you pay the compensation?
If a criminal is investigated for criminal responsibility for intentional homicide, he shall still make civil compensation.
The main compensation items are: medical expenses, nursing expenses, transportation expenses, funeral expenses and other expenses.
The Supreme People's Court's Judicial Interpretation of Implementing 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.
Mental damage compensation, family member, lost time, funeral expenses and death compensation for intentional homicide. Wait a minute.
Supplement: There are not many in mental damage compensation, probably only tens of thousands at most, because our laws are weak in this respect. Death compensation may be proposed according to the local level, which is hard to say. It depends on how the judge decides, which is subjective.
Supplement: If the requirements are too high, it will lead to an increase in legal fees, because the subject matter of the case has increased, so the litigation risk has increased. In other words, if your claim is not supported, you will have to pay the legal fees.
My opinion is that you'd better consult with a lawyer.
Do you need compensation for suicide after intentional homicide? How to compensate for intentional homicide 1 Article 16 of the Tort Liability Law infringes on others and causes personal injury, it shall compensate the reasonable expenses of treatment and rehabilitation such as medical expenses, nursing expenses and transportation expenses, as well as the income reduced due to missed work. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, compensation shall also be paid for funeral expenses and death compensation;
2. For specific compensation rules, please refer to the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases;
3. Compensation standards vary from place to place. It is suggested to entrust a lawyer to sue for compensation and calculate the relevant compensation amount.
What is the compensation standard for intentional homicide death compensation? If the infringement causes death, you may claim death compensation, funeral expenses and living expenses of the dependents. Refer to the corresponding provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases.
Sentencing standard of intentional homicide, what expenses should be compensated after intentional homicide?
Article 232 Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Tort liability law
Article 16 Anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.
What compensation is there for an attempted intentional homicide, suspected intentional homicide? According to the circumstances of the crime, the court convicted and sentenced him to death, life imprisonment or fixed-term imprisonment of 10 years or more; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Attempted crime can be given a lighter or mitigated punishment according to the completed crime.
If damage is caused by infringement on others, the victim may file an incidental civil action and demand the defendant to bear civil liability for compensation, medical expenses, nursing expenses and other expenses. If the defendant refuses to execute the judgment of the court, the victim may request the court to enforce it.
Article 23 of the Criminal Law An attempt to commit a crime is an attempt to commit a crime for reasons other than the will of the criminal.
Attempted crime can be given a lighter or mitigated punishment according to the accomplished crime.
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Article 232 Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 16 of the Tort Liability Law
Anyone who infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.