[Direct answer]In the Beijing area, a criminal incidental civil action is a litigation method in which victims or their legal representatives and close relatives request compensation for material losses suffered from the defendant's criminal acts in criminal cases. The time of initiating the action can be after the case is transferred for examination and prosecution or before the court holds a hearing. It can be accepted by the People's Procuratorate in the examination and prosecution stage, or accepted by the court in the trial stage. Common requests include medical expenses, loss of income, nursing care expenses, transportation expenses, and hospitalization subsistence allowances; if the victim dies, it also includes funeral expenses and death compensation. It should be noted that incidental civil actions only address compensation for material damages and do not deal with non-pecuniary requests such as apologies and removal of adverse effects; compensation for mental distress is generally not handled in incidental civil actions. The provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018) on incidental civil actions clarify the subject qualifications, the time of initiating the action, and the scope of compensation, which are the core basis for this issue.

1. Problem background and typical scenarios

The consultation focuses on victims and their close relatives: after a relative is injured or dies in a criminal case, how is the compensation standard calculated, when must it be claimed, and whether it can be claimed during the public security organ's investigation stage. There is also a situation where the two parties have significant differences over the amount of compensation, with one party hoping to resolve the issue once and for all through a concurrent civil lawsuit to avoid the lengthy process of prosecution in a separate case.Criminal defense and criminal case filingThe advice in the column indicates that the earlier you file a request for a civil action in conjunction with a criminal case, the more conducive it will be to subsequent mediation and judgment.

II. Key points of contention

Focus One: The subject and timing of initiating ancillary civil actions, and the remedies available if the deadline is missed. Focus Two: The scope of compensation items and the burden of proof. Focus Three: The calculation standards for specific items such as medical expenses and loss of earnings. Focus Four: The determination of funeral expenses and death compensation in cases of death. Focus Five: The handling process when the defendant is unable to pay compensation, and whether it involves subsequent enforcement. Focus Six: The interface between ancillary civil actions and independently initiated civil actions.Personal injury and medical disputesThe explanations on the calculation of personal injury compensation in this column can be used as a reference for the compensation items in criminal cases.

III. Professional analysis by Henglue Lawyers

Take a case of intentional homicide represented by Attorney Liu Liqiang of our firm as an example: On June 16, 2024, the defendant drove his car at high speed into a laboratory after a dispute with others at the construction site, resulting in one person being killed on the spot and two others being injured. The victim's spouse entrusted a lawyer to represent him in the criminal incidental civil action. During the representation process, the lawyer carefully reviewed the case file and analyzed the facts of the case item by item: First, based on the speed of the vehicle, the object of the impact, and the situation at the scene, he argued that the defendant's actions should be identified as intentional homicide rather than endangering public safety by dangerous means; Second, in response to the defendant's defense of subjective intent, the circumstances of voluntary surrender, and the victim's excessive claims, he refuted each piece of evidence one by one; Third, in the incidental civil action part, he simultaneously sorted out the calculation basis and invoices for medical expenses, loss of income, funeral expenses, and death compensation. The court ultimately adopted the lawyer's opinion and sentenced the defendant to death for intentional homicide. The determination of compensation in incidental civil actions is often carried out simultaneously with the review of evidence for conviction and sentencing, so the two types of work need to be coordinated. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. After receiving notice of the case, promptly confirm that you meet the eligibility criteria for suing as the plaintiff. 2. Gather all medical bills, diagnosis certificates, loss of income certificates, income proofs, and household registration materials. 3. Clarify the calculation methods and amounts for each compensation item, and compile a list. 4. Monitor the case progress and file claims in a timely manner after the case is transferred to the procuratorate for review and prosecution and before the trial. 5. Assess whether it is necessary to apply for an expert evaluation to confirm the extent of the injury and the causal relationship. 6. Consider the issue of compensation capacity and, if necessary, simultaneously evaluate the subsequent enforcement path. Legal basis: - Provisions on incidental civil actions in the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); - Provisions on personal injury compensation in the Tort Liability Chapter of the Civil Code of the People's Republic of China (effective since January 1, 2021); - Specific standards shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

First, there are clear time requirements for ancillary civil litigation. If missed, it is necessary to file a separate civil lawsuit, which is more complicated in terms of procedure. Second, compensation items must be supported by invoices and receipts, and oral claims are difficult to substantiate. Third, the handling of medical expenses and follow-up treatment fees should be clarified with the responsible party. Fourth, for the part of the compensation that exceeds the defendant's personal property, it is necessary to evaluate the difficulty of enforcement and consider property clues simultaneously. Fifth, compensation for mental distress is generally not claimed in ancillary civil litigation. If necessary, a separate civil lawsuit can be filed. Sixth, it is necessary to keep the original evidence to avoid being unable to present it at the trial. Seventh, if the responsible vehicle has purchased commercial insurance, it is possible to simultaneously evaluate the possibility of claiming compensation from the insurance company to reduce actual losses.

VI. Frequently Asked Questions

Q1: When is the best time to file a civil action in conjunction with a criminal case?

Generally, it should be raised as early as possible within the corresponding time limits from the investigation of the case, the review and prosecution to the trial stage. In practice, it is common to submit the application for a concurrent civil action at the stage of review and prosecution by the people's procuratorate, and the procuratorate will review it together; it can also be accepted by the court at the trial stage. It should be noted that the concurrent civil action must be raised before the court holds a hearing. Compensation claims that are not raised within the time limit can usually only be filed as civil actions separately. Therefore, raising the claim as early as possible is conducive to saving time and reaching an agreement through mediation.

Q2: Can a claim for compensation for mental distress be made in a civil action brought in conjunction with a criminal case?

Generally, this is not allowed. The scope of civil litigation accompanying criminal proceedings is limited to material losses suffered due to criminal acts. Compensation for mental harm does not fall within the scope of material losses and usually requires a separate civil lawsuit to claim it. However, it should be noted that whether compensation for mental harm will ultimately be supported depends on a comprehensive assessment of the defendant's degree of fault, the means and consequences of the crime, and other factors, and it is not necessarily guaranteed to be supported. In practice, it is recommended to first clarify the claims for material losses in the accompanying civil litigation, and then evaluate whether it is worth filing a separate lawsuit.

Q3: How is the amount of compensation calculated?

The damages typically include medical expenses, nursing care fees, transportation costs, nutritional expenses, hospitalization subsistence allowances, and income losses due to work disruption; in the case of death, they also include funeral expenses and death compensation. The calculations are usually based on the relevant standards for personal injury compensation, taking into account the victim's actual expenses and income situation. It should be noted that medical expenses must be supported by receipts, income losses due to work disruption require proof of income and work disruption, and nursing care fees require a description of the caregiver and the duration. The specific standards for compensation shall be in accordance with the currently effective standards.

Q4: If the defendant doesn't have the money to pay compensation, does it still make sense to pursue a civil action in conjunction with the criminal case?

It's still meaningful. Handling compensation together with the criminal judgment can fix the amount of the creditor's claim and obtain the basis for enforcement, preserving the foundation for applying for forced execution in the future. In practice, it is recommended to apply for enforcement as soon as possible after the judgment and provide clues to the debtor's property as much as possible. Although compensation in criminal cases is different from civil enforcement procedures, applying for enforcement after obtaining an effective legal document remains the main way to realize compensation. An early-formed judgment is more beneficial for subsequent rights protection.

Q5: What is the difference between a civil action brought in conjunction with a criminal case and a separate civil lawsuit?

The main differences lie in the procedures and scope. Attached civil actions are tried and adjudicated together with criminal cases, with relatively centralized procedures, but the scope is limited to material losses and must be raised before the trial. Separate prosecutions require filing a separate case, which takes a longer time, but can handle requests such as compensation for mental damage that are not covered by attached civil actions. In practice, it is common to first resolve material compensation through attached civil actions, and if necessary, consider separate prosecutions for compensation for mental damage.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. If you encounter disputes, please consult a practicing lawyer in time.