[Direct answer]In the Beijing area, for the victim to participate in criminal incidental civil litigation, the key lies in three aspects: appointing a professional lawyer as soon as possible, making preparations in advance in terms of evidence, and clearly expressing their claims in the courtroom. Procedurally, the victim, their legal representatives, and close relatives can appoint a lawyer from the date the case is transferred for review and prosecution. The lawyer can hold the three certificates to meet with the client at the case-handling authority, review the case files, and participate in subsequent litigation. According to the relevant provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018), the victim can express their opinions on the evidence, apply to notify witnesses to appear in court, make a final statement, and file a lawsuit request for the incidental civil litigation part in the courtroom. It should be noted that the incidental civil litigation is limited to the material losses determined by the people's court's judgment. The items that can be claimed typically include medical expenses, nursing care fees, transportation fees, accommodation fees, loss of income, funeral expenses, death compensation, and living expenses for dependents. Compensation for mental damage is generally not handled together with the incidental civil litigation. If not raised, a civil lawsuit can be filed separately after the criminal judgment takes effect. The lawyer's role lies in sorting out the compensation items, calculating the amounts, reviewing the evidence, and expressing their claims accurately in the courtroom to avoid omissions or improper claims leading to a ruling of dismissal.Criminal defense and criminal case filingThe column provides a detailed explanation of the scope of services for the protection of the rights of victims and the defense of the accused.

I. Problem Background and Typical Scenarios

The parties who consult such issues are mostly victims or their close relatives. After their loved ones have suffered serious violations, they face a series of specific difficulties: first, they don't know when to get involved or who to ask for help; second, they want to claim compensation but don't know what items they can claim or how to calculate the amount; third, they worry that their emotional outbursts might affect the outcome of the trial; fourth, they worry that they won't be able to get compensation after the judgment is made. These four types of difficulties will all arise in actual case handling and require advance preparation. In practice, there is also a high-risk situation: if the victim fails to claim loss certificates in time and is unable to submit medical bills, certificates of loss of income, and income certificates during the trial, the compensation items that could have been supported will not be supported due to insufficient evidence. Therefore, the value of a lawyer's involvement lies first in the organization and fixation of evidence, and second in the expression during the trial. For the supporting needs in terms of corporate compliance and risk prevention, they can be referred to together.Intellectual property protection and corporate lawColumn.

II. Key points of contention

The first focus is the timing of initiating a civil action in conjunction with a public prosecution, whether it should be initiated simultaneously with the public prosecution or filed separately after the judgment. The second focus is the scope of compensable items and the calculation standards. The third focus is the allocation of the burden of proof, with the defendant providing the basis for the amount of damages. The fourth focus is the boundaries of handling compensation for mental damage. The fifth focus is the defendant's ability to pay compensation and the execution risk, and whether the civil action can be actually implemented. The sixth focus is the issue of concurrent liability with result-oriented crimes such as intentional injury causing serious injury. The seventh focus is how the defendant's plea of guilty, compensation, and understanding of the sentence affect the actual implementation of compensation. The eighth focus is the coordination arrangements between the availability of compensation funds and the effectiveness of the judgment. The specific rules mentioned above shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking the criminal and civil litigation case of intentional homicide represented by Attorney Liu Liqiang of our firm as an example, we can see what efforts the victim's side needs to make to protect their rights. On the night of June 16, 2024, a fierce dispute broke out in the laboratory of No. 50 Mixing Station: Staff members Zhang Bin, Li Yuanzheng, Zhao Gang, and Zhou Xiaohua had an argument with the defendant, Zhang Daqiang, about the quality of construction concrete during their drinking session. After the argument was mediated, Zhang Daqiang was sent back to his dormitory. However, Zhang Daqiang did not calm down and immediately drove his white Cheetah car at a speed of about 60 to 62 kilometers per hour to ram into the laboratory. The vehicle crashed through the door and burst out from the back wall, resulting in the death of Zhang Gang and injuries to Zhang Bin and Li Yuanzheng, as well as the involvement of Zhou Xiaohua. Zhang Gang's wife, Liu Shufen, entrusted Attorney Liu Liqiang of Beijing Henglu Law Firm to represent her in the criminal and civil litigation case. After accepting the case, the lawyer carefully reviewed all the case files, including physical evidence, documentary evidence, witness statements, the defendant's confessions, appraisal opinions, on-site inspection records and photos, audio-visual materials, etc., accurately grasping the core of the case and refuting the defendant's and defense counsel's arguments one by one: In terms of subjective intent, the defense argued that mere joking words were not enough to prove intentional homicide. The lawyer pointed out that Zhang Daqiang's words before the impact already revealed his intent to kill, that he accelerated less than 5 meters away from the door, and that he knew the location of the people inside but did not take any evasive action, which sufficiently proved his clear intent to kill. In terms of the circumstances of voluntary surrender, although Zhang Daqiang voluntarily called the police, he lied about the brake failure and gave inconsistent statements, failing to truthfully admit his intent to drive into the laboratory, which did not constitute voluntary surrender. In terms of the victim's fault, normal work communication does not necessarily lead to driving into others. The victim was not at fault. In terms of the characterization of the crime, the defense attempted to characterize the case as endangering public safety by dangerous methods, but the lawyer argued that his target was specific and multiple people, and it should be identified as the imaginary concurrence of intentional homicide and endangering public safety, and the defendant should be convicted and sentenced for intentional homicide. The lawyer also emphasized that Zhang Daqiang's crime was extremely serious, cruel, and refused to admit guilt and compensate, and should be severely punished. It is recommended that he be sentenced to death immediately. After trial, the court adopted Liu Liqiang's attorney's opinion, determining that Zhang Daqiang intentionally and illegally deprived others of their lives by driving into them with a dangerous method, causing serious consequences of one death and two injuries, and his actions constituted intentional homicide. Moreover, the crime was extremely serious, had great social harm, and showed no remorse. He was ultimately sentenced to death for intentional homicide, and the civil litigation part supported the victim's family's request for compensation. This case shows that the victim's side is not a passive recipient in the trial: through a comprehensive review of the case files and refutation of each defense argument, the attorney not only participated in the substantive discussion of conviction and sentencing, but also secured the court's support for the compensation request. The case is handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Hire a lawyer as soon as possible to attend court hearings and review case files with the three legal documents; 2. Systematically collect compensation receipts, including medical bills, diagnosis certificates, hospitalization records, loss of income certificates, income proofs, funeral expenses receipts, and proof of kinship; 3. Have the lawyer calculate the compensation items and amounts and prepare a detailed list; 4. Assess whether to apply for property preservation or preliminary enforcement to prevent compensation from being unrealized; 5. Communicate fully with the attorney before the trial to determine the presentation method and maintain emotional stability; 6. Prepare in advance for cross-examination of evidence to avoid omissions; 7. Monitor the enforcement process and the other party's performance after the judgment takes effect; 8. Clarify the path for subsequent civil litigation for unclaimed items. Legal basis: - The Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding incidental civil actions; - The Criminal Law of the People's Republic of China (amended by the Eleventh Amendment to the Criminal Law, effective March 1, 2021) regarding the punishment for intentional homicide; - The Interpretation of the Supreme People's Court on Several Issues Concerning Criminal Incidental Civil Actions (amended in 2020, effective December 29, 2020); - Specific compensation standards shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

First, the earlier the intervention, the better. Lawyers can be engaged at the investigation and review stages of prosecution, and the grasp of evidence and timing is the most crucial. Second, the compensation vouchers should be fixed in time. Once the bills and diagnosis certificates are lost, it will be difficult to obtain replacements. Third, the compensation for mental damage is generally not handled together with the incidental civil action. If not claimed, it can be sued separately, and attention should be paid to the connection time. Fourth, whether the defendant has the ability to compensate directly affects the actual amount received. It is recommended to evaluate and consider preservation as soon as possible. Fifth, the plea of guilty and compensation may affect the sentencing, but it should not be used as a tool to exchange for an improper amount of compensation. The attorney should stick to the bottom line. Sixth, maintain restraint in the courtroom and focus on the evidence and the expression of claims. Seventh, pay attention to the differences in jurisdiction and statute of limitations between incidental civil actions and independent civil actions. Eighth, if the defendant lacks the ability to compensate, other relief channels can be evaluated simultaneously. The overall approach to dealing with disputes can be referred to for reference.Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: When can the victim's side appoint a lawyer?

It is possible to appoint a lawyer as soon as possible. According to the relevant provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018), victims and their legal representatives, and close relatives may appoint a lawyer from the date the case is transferred for examination and prosecution. The lawyer may, with a letter from the law firm, three certificates, and a power of attorney, meet with the client, review the case files, and participate in subsequent litigation. Although the lawyer cannot review the case files during the investigation stage, he or she can meet with the client and provide legal assistance.

Q2: What types of compensation can be claimed in an accompanying civil lawsuit?

It usually includes reasonable expenses such as medical fees, nursing fees, transportation fees, accommodation fees, loss of income, nutritional fees, and hospitalization subsistence allowances. In the case of death, it also includes funeral expenses, death compensation, and the living expenses of dependents. All claims must be supported by receipts or other evidence. Compensation for mental damage is generally not handled together with incidental civil litigation.

Q3: What should the victim pay attention to during the trial?

The key point is to express oneself clearly and make one's demands clear. It is recommended to confirm the main points of the speech with the attorney in advance, give opinions on the evidence item by item, and apply for witnesses or appraisers to appear in court when necessary to avoid emotional statements affecting the court's judgment of the facts. At the same time, pay attention to abiding by the court's discipline and not interrupting the process of presenting and cross-examining evidence.

Q4: If the court does not award compensation in a civil lawsuit brought in conjunction with a criminal case, can the plaintiff still file a lawsuit against the defendant again?

You can file a separate civil lawsuit for the unresolved parts. The incidental civil action shall be limited to the material losses determined by the judgment. For compensation items that were not claimed or supported in this case, you can file a separate lawsuit in accordance with the civil litigation procedures. Please pay attention to the specific requirements of the jurisdiction court and the statute of limitations. It is recommended that a lawyer evaluate the case promptly after the judgment takes effect.

Q5: If the defendant doesn't have the money to pay compensation, can the judgment still be enforced?

There are practical difficulties. After the civil judgment becomes effective, it is possible to apply for forced execution, but whether it can actually be executed depends on the property status of the person subject to enforcement. It is recommended to evaluate and apply for property preservation as early as possible during the litigation process, or to apply for enforcement and inquire into property clues in a timely manner after the judgment, while paying attention to the coordination with the departments handling criminal cases to improve the efficiency of enforcement.

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 court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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.