[Direct answer]In the Beijing area, criminal incidental civil actions should be initiated before the case is transferred for review and prosecution. According to the provisions of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), if the victim suffers material losses due to the defendant's criminal acts, he/she may file a claim with the public security organ after the criminal case is accepted but before it is transferred for review and prosecution; after the case is transferred for review and prosecution but before the trial begins, he/she may file a claim with the people's procuratorate; and after the people's court accepts the case but before the end of the trial, he/she may file a claim with the people's court. The scope of compensation for incidental civil actions is limited to material losses, and common items include medical expenses, nursing care expenses, transportation expenses, loss of income, funeral expenses, living expenses of dependents, and property losses caused by criminal acts. If the opportunity to initiate the action is missed, a civil lawsuit may be filed separately after the criminal judgment takes effect, but the claimant will need to bear the burden of proof and face the statute of limitations. For reference, please refer to the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018).Criminal defense and criminal case filingThe service description in the column.

1. Problem background and typical scenarios

Most people who consult on this issue are victims of criminal cases or their family members. Common situations include: after the victim's death, the family members hope to claim funeral expenses, compensation, and emotional damages simultaneously; when the victim is injured and hospitalized, they hope to claim medical expenses, nursing care fees, and loss of income simultaneously; when property is illegally possessed by criminals, they hope to recover it simultaneously; and some family members only realize after the case has been concluded that they failed to file a concurrent civil suit and don't know how to remedy the situation. In practice, what family members are most likely to overlook is the procedural deadlines. There is a clear filing stage for concurrent civil suits. Once missed, although they can still sue separately, they will need to bear the burden of proof and statute of limitations themselves, with significantly higher costs. Therefore, it is necessary to understand the procedural arrangements at an early stage of the case.

II. Key points of contention

Focus One: Whether the subjects who may file ancillary civil actions include the victims' close relatives, and under what circumstances they can file on behalf of the victims. Focus Two: The scope of definition of material losses, and whether compensation for mental distress can be claimed concurrently. Focus Three: The evidentiary standards required for items such as medical expenses, loss of income, and caregiving expenses. Focus Four: The method and order of liability assumption when there are multiple responsible parties. Focus Five: The relationship between ancillary civil actions and separate civil actions, and the handling of duplicate prosecutions. Focus Six: Practical enforcement issues when the defendant is unable to make compensation. Focus Seven: Whether it is possible to apply for compulsory enforcement if no compensation is obtained after the judgment. Focus Eight: Strategic considerations for procedural choices. For the definition of damage compensation items, reference can be made to the following guidelines:Personal injury and medical disputesThe description of the column.

III. Professional analysis by Henglue Law Firm

Take a case handled by Attorney Liu Liqiang of our firm as an example: On the night of June 16, 2024, a dispute occurred near the laboratory of a concrete mixing station. Workers Zhang Bin, Li Yuanzheng, Zhao Gang, and Zhou Xiaohua had a conflict with the defendant over the quality of the concrete under construction. After being persuaded to stop the argument, the defendant was sent back to his dormitory, but he immediately drove his vehicle at a speed of about 60 kilometers per hour and rammed into the laboratory, damaging the wall. Zhao Gang died on the spot, and Zhang Bin and Li Yuanzheng were injured. The victim's wife, Zhao Gang's wife, entrusted a lawyer to represent her in a concurrent civil action. Through in-depth review of the case file, the lawyer focused on three key points: first, whether driving a vehicle to intentionally kill someone should be considered intentional homicide or endangering public safety by dangerous means; second, whether the defendant had a clear intent to kill; and third, whether there were circumstances of voluntary surrender that could lead to a lenient sentence for the defendant. The lawyer refuted the defendant's arguments about subjective intent, the victim's fault, and voluntary surrender one by one, and ultimately the court adopted the lawyer's opinion and sentenced the defendant to death for intentional homicide. The lesson of this case is that concurrent civil actions are not incidental matters. The determination of compensation liability is closely related to the conviction and sentencing, and lawyers need to grasp both substantive and procedural aspects during the review of the case file and the trial. 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. Confirm the current stage of the case and file a concurrent civil lawsuit in a timely manner at the appropriate juncture. 2. As soon as possible, engage a lawyer with dual experience in criminal and civil law to assess the feasibility of making concurrent claims. 3. Comprehensively collect evidence related to damages, including medical records, expense receipts, diagnosis certificates, certificates of loss of income, income proofs, death certificates, and household registration materials. 4. Submit applications to the public security organ or the people's procuratorate in a timely manner and retain the receipt of the application. 5. Monitor the need for property preservation and apply for it promptly if there are signs of the responsible party transferring assets. 6. Consider subsequent enforcement issues and assess in advance whether to make concurrent claims through criminal and civil litigation in cases where there are no assets available for enforcement. Legal basis: - The provisions on concurrent civil litigation in the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); - The provisions on compensation scope and calculation standards in the Interpretation of the Criminal Procedure Law of the People's Republic of China issued by the Supreme People's Court (based on the currently effective version); - The provisions on personal injury compensation scope in the Civil Code of the People's Republic of China; - Specific provisions in currently effective laws, regulations, and judicial rulings shall prevail.

5. Henglu Law Firm's Reminder

Firstly, there is a clear filing stage for incidental civil actions. If the opportunity is missed, the case will need to be prosecuted separately, which will increase both the cost and difficulty. Secondly, the scope of compensation is mainly material losses. Whether the court will support compensation for mental distress depends on the circumstances of the case and the local judicial practices, and this needs to be assessed separately. Thirdly, items such as medical expenses, loss of income, and care fees rely on receipts and supporting materials. Family members should organize these documents in a timely manner to avoid being unable to provide evidence during the trial. Fourthly, when there are multiple responsible parties, claiming joint and several liability requires clear grounds and cannot be a general demand. Fifthly, after the judgment takes effect, it is necessary to apply for enforcement promptly and pay attention to the time limit for applying for enforcement. Sixthly, incidental civil actions and separate civil actions cannot claim compensation for the same damage repeatedly. When choosing a path, it is necessary to evaluate the overall effect. Seventhly, family members should have reasonable expectations. It is often difficult to fully recover incidental civil compensation in criminal cases, and in practice, they should also pay attention to the assessment of compensation capacity simultaneously.

VI. Frequently Asked Questions

Q1: When should a criminal incidental civil action be filed?

By procedural stages: Submit to the public security organ before the case is transferred for examination and prosecution; Submit to the people's procuratorate after the case is transferred for examination and prosecution but before the court hearing; Submit to the people's court after the people's court accepts the case but before the end of the court hearing. The key point is to submit the claim as early as possible. Once the case enters the trial stage and the claim is still not asserted, it is usually only possible to file a civil lawsuit separately after the judgment takes effect.

Q2: Can the victim's family members file a lawsuit?

Yes. If the victim dies, their close relatives have the right to file a concurrent civil action; the scope of the victim's close relatives and the order of inheritance are related, and usually include spouses, children, and parents. In practice, eligible close relatives file the lawsuit as plaintiffs and need to provide proof of the kinship relationship. If multiple close relatives have different opinions, a representative can be elected, and the specific operation can be referred to for reference.Special services and other casesSpecial explanations in the column.

Q3: Can I request compensation for emotional distress?

Whether it is possible to claim both damages simultaneously and what the support amount will be, needs to be determined based on the circumstances of the case and the local judicial practices. In some cases, both damages will be considered simultaneously, but it's not necessarily the case that full support will be granted. It is recommended to explicitly include the request for compensation for mental distress in the claim and to fully discuss the particularities of the case in the attorney's opinion. Do not completely abandon the claim just because you're worried it won't be supported. For the definition of related compensation items, please refer to the relevant materials for guidance.Personal injury and medical disputesColumn.

Q4: Can I file the lawsuit first even if the evidence isn't ready yet?

You can first raise the claim and then provide additional evidence, but you need to pay attention to the time limit for providing evidence. The submission of evidence in civil actions is also subject to the restrictions of the trial stage. Incomplete materials may result in some requests not being supported. In practice, it is better to list the compensation items and the calculation basis when raising the claim, and at the same time apply for an extension of the time limit for providing evidence or request the court to collect evidence, so as to avoid the request being rejected due to the lack of materials.

Q5: Can I still claim compensation if I've missed the deadline?

After the criminal judgment takes effect, a civil lawsuit can be filed separately, and the defendant shall bear the liability for compensation. However, three points need to be noted: First, the plaintiff needs to bear all the burden of proof, including the amount of the loss and the causality; Second, attention should be paid to the starting point of the statute of limitations and the maximum protection period; Third, there are still practical difficulties in the execution stage, such as the responsible person having no property available for execution. Therefore, it is usually more advantageous to file an incidental civil lawsuit as soon as possible, especially when the responsible person has been detained and his/her willingness to compensate is clear.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the courts may differ, which may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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·Attorney Liu Liqiang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.