[Direct answer]In the Beijing area, after the judgment of the incidental civil action takes effect, if the defendant fails to fulfill the obligation of compensation within the time limit specified in the judgment, the right holder needs to apply to the people's court for enforcement within the statutory time limit. Regarding the subject of enforcement, the enforcement of the property part in criminal judgments is generally handled by the people's court of first instance, and when necessary, it can be entrusted to the court where the property is located for enforcement. Regarding the time limit, according to the provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023) on the application period for enforcement, the application period for enforcement is two years, calculated from the last day of the performance period specified in the legal document. If the legal document does not specify the performance period, it is calculated from the date the legal document takes effect. Applying for enforcement after the time limit may face the risk of the other party raising a statute of limitations defense. Regarding the order of enforcement, according to Article 36 Paragraph 2 of the Criminal Law of the People's Republic of China, if the criminal who bears civil compensation liability is also sentenced to a fine and the property is insufficient to pay all of it, or is sentenced to confiscation of property, he shall first bear the civil compensation liability to the victim. In addition, the "Several Provisions of the Supreme People's Court on the Enforcement of the Property-Related Parts of Criminal Judgments" (implemented on November 6, 2014) specifically regulates the enforcement procedures for the property-related parts of criminal judgments. When applying for enforcement, the right holder should prepare an enforcement application, the effective judgment, identity materials, and a list of property clues.Criminal defense and criminal case filingYou can view similar questions in this column.

1. Problem background and typical scenarios

There are three common confusions among the families of victims: First, although the judgment has taken effect, the defendant and his family have not paid the compensation yet, and the families don't know what procedures to take next. Second, the judgment includes fixed-term imprisonment, fines, and confiscation of property, and the families are worried that their compensation might be offset by the fines. Third, during the execution process, if it is found that the defendant has no real estate or savings, the court may rule to terminate the execution, and the families don't know how to resume the process. There is also a situation where the defendant is currently serving a prison sentence, and the families mistakenly believe that they must wait until the defendant is released from prison before the execution can proceed. When handling such cases in the Beijing area, the court's enforcement department will use the online investigation and control system to check the defendant's bank accounts, vehicles, real estate, securities, and other property. If the rights holders actively provide clues to the defendant's property, it can significantly improve the execution rate. Regarding the scope of compensation for personal injuries to victims and the calculation of medical expenses and loss of income, they can be referred to together.Personal injury and medical disputesColumn.

II. Key points of contention

First, whether the execution basis is clear. The amount of compensation, the time limit for performance, and the description of the payee in the main text of the judgment directly affect the filing of the execution case. Second, whether the application period for execution has expired. The rules of suspension and interruption apply during the two-year period. Claiming rights or the other party's consent to performance can produce an interruption effect. Third, how to investigate and control property clues. Online investigation and control has limited coverage. Rural residential land houses, equities, and foreign creditor's rights often require the right holder to provide clues. Fourth, the order of fines, confiscation of property, and civil compensation. The law clearly stipulates that civil compensation takes precedence. Fifth, the nature of the defendant's relatives' voluntary compensation on behalf of the defendant - whether it is a form of substituted performance or a gift - will affect subsequent recovery of compensation. Sixth, after terminating this execution, if new property clues are discovered, the applicant can apply for resumption of execution at any time. Seventh, if the defendant dies, the heirs shall bear the liability for repayment within the scope of the inherited estate. Specific handling shall be in accordance with the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Take a criminal incidental civil action case of intentional homicide represented by Attorney Liu Liqiang of our firm as an example: On the night of June 16, 2024, in the laboratory of a certain mixing station, staff members Zhang Bin, Li Yuanzheng, Zhao Gang, and Zhou Xiaohua were persuaded to leave after an argument with the defendant, Zhang Daqiang. After Zhang Daqiang was sent back to his dormitory, he did not calm down and immediately drove a white off-road vehicle at a speed of about 60 to 62 kilometers per hour into the laboratory, smashing the door and crashing through the back wall, resulting in the death of Zhao Gang on the spot and injuries to Zhang Bin and Li Yuanzheng, with Zhou Xiaohua also affected. The victim's wife, Liu Shufen, entrusted Attorney Liu Liqiang to represent her in the criminal incidental civil action. Attorney Liu Liqiang thoroughly reviewed the case file, examining the physical evidence, documentary evidence, witness statements, the defendant's confessions, appraisal opinions, on-site inspection records, and audiovisual materials item by item. He refuted the defendant's and defense counsel's arguments from four aspects: subjective intent, voluntary surrender, the victim's fault, and the nature of the crime. He concluded that the defendant's intent to kill was clear before the impact, that he accelerated and failed to avoid the door despite being less than 5 meters away, and that this sufficiently established his intent to kill. The defendant's lies about brake failure when reporting the crime and inconsistent statements before and after the incident did not constitute voluntary surrender under the law. Normal work communication did not constitute the victim's fault under criminal law. The defendant's specific targeting of multiple individuals should be classified as intentional homicide rather than endangering public safety by dangerous methods. The court adopted the attorney's arguments and sentenced Zhang Daqiang to death for intentional homicide, and supported the victim's family's compensation request in the incidental civil action. It should be noted that the execution of incidental civil compensation in death penalty cases also applies to the aforementioned rules. If the defendant has executable property, the family should apply for enforcement promptly; if the defendant transfers property before sentencing, they can apply for seizure and attachment during the litigation stage, which is precisely the value of lawyers arranging enforcement work in incidental civil actions. 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 suggestions: First, keep the original judgment and the certificate of effectiveness to confirm the amount of compensation, the time limit for payment, and the objects in the main text, and use them as the basis for enforcement; Second, if the other party fails to perform the obligation within the time limit after the judgment takes effect, apply for enforcement as soon as possible to avoid the expiration of the two-year period; Third, actively sort out the clues of the defendant's property, including the real estate, vehicles, bank accounts, operating income, external creditor's rights, and provident funds under the defendant and his/her spouse's names, and submit them to the court in writing; Fourth, if the defendant shows signs of transferring property during the litigation, apply for seizure, attachment, or freezing in time, and you can refer to the relevant provisions for reference.Creditor's rights and debts, and enforcement cases1. The preservation strategies in the column; 2. After the court rules to terminate this enforcement, continuously track the changes in the assets and apply for resuming enforcement at any time if clues are found; 3. If the defendant dies, identify the scope of his/her estate and claim repayment from the heirs within the value of the estate. 4. Legal basis: Article 36 of the Criminal Law of the People's Republic of China; the provisions on the application period for enforcement in the Civil Procedure Law of the People's Republic of China (amended in 2023); the "Several Provisions of the Supreme People's Court on the Enforcement of the Property-Related Parts of Criminal Judgments" (implemented on November 6, 2014); the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

First, the preparation work for civil litigation accompanying criminal cases should be advanced. It is necessary to fix the evidence of compensation and pay attention to the defendant's property status from the investigation and review of the prosecution stage. It is often passive to search for the defendant's property after the judgment. Second, there is no need to panic when compensation coexists with fines and confiscation of property. The law clearly stipulates that civil compensation shall be given priority. Third, do not delay the application for enforcement. Although the two-year period can be suspended or interrupted, the costs of evidence collection and procedures will increase. Fourth, do not easily believe in verbal promises and give up the application for enforcement. It is best to form a written agreement for voluntary compensation and implement it immediately. Fifth, the enforcement rate depends on the quality of property clues. The accounts, vehicles, and business operations controlled by family members should be sorted out and submitted as soon as possible. Sixth, it is recommended to entrust professional criminal lawyers to intervene in major criminal cases as early as possible. Through comprehensive review of case files, evidence analysis, and enforcement planning, the legitimate rights and interests of the victims' families can be protected as much as possible.

VI. Frequently Asked Questions

Q1: Which court enforces the accompanying civil compensation?

In criminal adjudication, the enforcement of the property portion is generally handled by the people's court of first instance. When necessary, it may be entrusted to the people's court where the property of the person subject to enforcement is located for enforcement. The rights holder can simply apply to the people's court of first instance for this.

Q2: Are there any time limits for applying for enforcement?

Yes. According to the provisions of the Civil Procedure Law of the People's Republic of China on the period for applying for enforcement, the period for applying for enforcement is two years, calculated from the last day of the performance period specified in the legal document. Applying for enforcement after the expiration of the time limit may face a statute of limitations defense.

Q3: If the defendant is also fined, will the compensation money be offset against the fine?

No. According to Article 36 Paragraph 2 of the Criminal Law of the People's Republic of China, if the property is insufficient to pay off the debt simultaneously, the offender shall first bear the civil compensation liability to the victim, and then the fine or confiscation of property shall be executed.

Q4: What should I do if the court says there are no assets under the name of the person subject to enforcement?

The court may rule to terminate this enforcement procedure. The right holder may continue to collect clues about the debtor's assets, such as rural houses, equity, foreign creditor's rights, and operating income, and apply for resuming the enforcement at any time after discovering new clues.

Q5: The defendant is currently serving a prison sentence. Can the compensation still be enforced?

Yes. The execution of the program and the serving of the sentence do not affect each other. The court can investigate and control the property of the person subject to enforcement, such as bank deposits, vehicles, and real estate. Legal property such as labor compensation during the serving of the sentence can also be enforced according to law.

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 Henglue Law Firm about specific situations.

If you are currently 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 limits. →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. In case of disputes, please consult a practicing lawyer in time.