[Direct answer]Generally, the offender first compensates the victim for the losses and then pays the fine. According to Article 36 of the Criminal Law of the People's Republic of China, if the victim suffers economic losses due to the criminal act, the offender shall, in addition to being subject to criminal punishment according to law, also be ordered to compensate for the economic losses according to the circumstances; if the offender who bears civil compensation liability is also sentenced to a fine, and his property is insufficient to pay all of it, or if he is sentenced to confiscation of property, he shall first bear the civil compensation liability to the victim. That is to say, the law establishes the principle that civil compensation takes precedence over fines. From the perspective of sentencing, the mitigating effect of compensating the victim is usually more direct, so it is more advantageous to prioritize compensation when financial resources are limited. It should be noted that this order does not exempt the obligation to pay the fine, but merely establishes the order of repayment when the offender's property is insufficient.

I. Problem Background and Typical Scenarios

The verdict also requires the defendant to compensate the victims and pay the fine. However, the defendant doesn't have enough money and is struggling to decide who to pay first. Some people are also worried that if they don't pay the fine, they will face harsher penalties. Related searches include "who should be compensated first, the victims or pay the fine", "what will happen if the fine is not paid", and "does civil compensation take priority over the fine".

II. Key points of contention

First, the order of settlement of civil compensation and fines; Second, the different effects of restitution and fines on leniency; Third, the legal consequences of failing to pay fines; Fourth, the application of installment payments and reductions/exemptions.

III. Professional analysis by Henglue Lawyers

Firstly, the legal order. Article 36 of the Criminal Law clearly prioritizes civil compensation; when the property is insufficient to settle all liabilities, the victim shall be compensated first and then the fine shall be paid, which reflects the priority protection of the victim's rights. Secondly, the difference in mitigating effects. Returning the illicit gains and making compensation is an important mitigating circumstance, which directly affects the sentencing and the application of probation; paying the fine mainly reflects the attitude of admitting guilt and has a relatively indirect impact on the main punishment. Therefore, when resources are limited, prioritizing returning the illicit gains is more in line with the interests of the defense. Thirdly, the consequences of failing to pay the fine. The fine shall be paid in full or in installments within the time limit specified in the judgment; if it is not paid after the time limit, it shall be forcibly collected; if it cannot be paid in full, the people's court shall recover the enforceable property of the executed person at any time it discovers that the executed person has such property; if the executed person has difficulties due to irresistible disasters, he/she may apply for deferred payment, reduction or exemption of the fine (Article 53 of the Criminal Law). Therefore, the fine cannot be put off indefinitely. Fourthly, the overall arrangement. It is recommended to formulate a performance plan under the guidance of a lawyer: first, return the illicit gains and obtain receipts and understandings, then pay the fine according to the time limit specified in the judgment or apply for installment payments, so as to avoid the fine affecting the reduction of sentence, parole, or the implementation of enforcement measures. Henglue Law Firm reminds that returning the illicit gains and paying the fine are not a moral choice between two options, but a strategic issue with clear legal order and sentencing priority.

IV. Practical suggestions and legal basis

Action list: First, sort out the victim's losses and the amount of the fine; Second, prioritize arranging restitution and compensation and requesting receipts; Third, pay the fine according to the judgment deadline or apply for installment payments or reductions/exemptions; Fourth, keep the evidence of performance for leniency and execution communication. Legal basis: Articles 36, 53, and 64 of the Criminal Law of the People's Republic of China; the provisions on leniency for restitution and compensation in the Guidelines for Sentencing. It should be noted that the circumstances and amounts of restitution should be consistent with the evidence in the case, to avoid exaggerating the amount of restitution for the purpose of seeking leniency and affecting the determination of the facts. For criminal defense matters, you can consult throughCriminal defense and criminal case filingThe team handles the case, and for disputes over the amount of compensation to victims, the parties involved can seek mediation.Personal injury and medical disputesService processing.

5. Henglu Law Firm's Reminder

There are three key points regarding the restitution and payment of fines: 1. When the defendant’s assets are insufficient, they should first compensate the victim and then pay the fine. 2. Restitution plays a more significant role in sentencing, while the payment of fines impacts parole and early release. 3. If genuinely facing financial difficulties, they can apply for installment payments or reductions/exemptions, rather than stubbornly refusing to pay. For criminal defense-related matters, you can consult with a lawyer.Criminal defense and criminal case filingFor matters related to property enforcement, please consult the team in chargeCreditor's rights and debts, and enforcement casesFor arrangements involving difficulties, you can refer to the following for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Who gets the refund and fine first?

Generally, compensation is paid first. According to Article 36 of the Criminal Law, if a person bears civil compensation liability and is also sentenced to a fine, and the person's property is insufficient to pay off all the fines, the person shall first bear civil compensation to the victim; in terms of legal order, civil compensation takes precedence over fines.

Q2: What are the consequences of not paying the fine?

For those who fail to pay the fine within the prescribed time, the court will enforce mandatory payment; if the court finds that there are enforceable properties, it can be recovered at any time; those who have real difficulties can apply for an extension, reduction, or exemption after the expiration of the time limit. If the fine is not paid, it may affect the evaluation of sentence reduction and parole, so it is not advisable to default on it for a long time, nor should one completely ignore the arrangements for the payment of the fine just to make restitution.

Q3: Can paying the fine first reduce the main punishment?

The effect is relatively indirect. The payment of fines mainly reflects the attitude of admitting guilt and showing remorse, and has a limited impact on the mitigation of the main punishment; while the return of illicit gains and compensation for losses are more direct circumstances for mitigating punishment. Therefore, when resources are limited, it is more beneficial to prioritize compensation for losses.

Q4: Can I get a fine reduction or exemption if I really don't have the money to pay it?

You can apply for it. If you encounter unavoidable disasters or other difficulties, you can apply for an extension of the payment period, a reduction or exemption of the fine after the expiration of the period; you need to provide proof of financial difficulties, which will be reviewed and decided by the court. When applying, you should explain the situation of repayment and family burden, and attach relevant materials to increase the possibility of approval.

Q5: Can the fine be deferred after the refund and compensation have been made?

Applicants can apply for installment payments or deferral. First, they need to complete the refund and retain the receipt, and then submit an application for installment payments for the fine; honestly stating their financial situation and payment plan can help the court approve the installment plan and avoid excessive one-time pressure.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.