[Direct answer]In the Beijing area, criminal incidental civil litigation refers to a system in which victims who have suffered material losses from the defendant's criminal acts may, in accordance with the law, initiate civil litigation in criminal cases simultaneously and request compensation during the criminal litigation process. According to Article 101 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), victims who have suffered material losses from the defendant's criminal acts have the right to initiate incidental civil litigation during the criminal litigation process. Its characteristics include being tried together with criminal cases, not being litigated separately, and only compensating for direct material losses, which can save litigation costs and improve the efficiency of obtaining compensation. Whether a claim can be made and which items can be compensated for are closely related to the nature of the case and the evidence. It is recommended to refer to the criminal defense column for specific cases.

I. Problem background and typical scenarios

Criminal incidental civil actions are commonly seen in three situations: First, personal injury crimes, such as intentional injury and intentional homicide resulting in the victim's death or injury, where the family members claim death compensation, medical expenses, etc. while pursuing criminal responsibility; Second, property crimes, such as theft and fraud causing economic losses to the victims, who claim compensation in the criminal case at the same time; Third, negligent crimes such as traffic accidents, where the victims file civil suits for losses such as medical treatment, loss of income, and disability. When handling similar cases in the Beijing area, the evidence of losses is usually fixed at the investigation and prosecution stages to pave the way for subsequent civil claims. Relevant criminal procedures can be referred to for reference.Criminal defenseColumn.

II. Key points of contention

Focus I: The scope of the case, with civil compensation limited to material losses caused by criminal acts. Compensation for mental damages is generally not supported; Focus II: Compensation items, including direct losses such as medical expenses, funeral expenses, death compensation, and living expenses for dependents; Focus III: Responsible parties, which may include not only the defendant but also guardians and employers; Focus IV: The order of cross-prosecution between criminal and civil cases, usually with criminal proceedings preceding civil proceedings or the two being heard concurrently; Focus V: Mediation and enforcement, with civil compensation subject to mediation, and enforcement being able to proceed after the judgment is issued.Creditor's rights and debts, and enforcement casesThe path described in the column. The specific determination shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking the criminal incidental civil action for intentional homicide handled by our firm as an example, we can see how the incidental civil action system actually operates. On the night of June 16, 2024, after an argument with Zhao Gang and others at a mixing station, the defendant, Zhang Daqiang, drove a white Cheetah car at a speed of about 60 to 62 kilometers per hour and rammed into the laboratory, causing Zhao Gang's death on the spot and injuries to Zhang Bin and Li Yuanzheng. The victim's wife, Zhao Gang's wife, entrusted attorney Liu Liqiang of Beijing Henglu Law Firm to represent her in the incidental civil action. Through in-depth review of the case file, the attorney refuted the defendant's defense regarding subjective intent, voluntary surrender, the victim's fault, and the nature of the crime, and argued that the crime should be classified as intentional homicide and punished severely. The core disputes were: whether the act of driving a car and causing death should be classified as intentional homicide or endangering public safety by dangerous means, and whether the defendant's lies about brake failure and repeated recanting of his confession constituted voluntary surrender. The attorney pointed out that Zhang Daqiang's explicit remarks before the impact, his acceleration despite being less than five meters away from the door, and his knowledge of the location of the people indoors without avoiding them were sufficient to prove his intent to kill; and his concealment of the fact of intentionally ramming into the car when he called the police and inconsistent statements before and after the incident did not constitute voluntary surrender according to the law. The court ultimately adopted the attorney's opinion and sentenced Zhang Daqiang to death for intentional homicide. In the incidental civil action part, the court supported the victim's family's requests for compensation for death and funeral expenses. This case shows that the incidental civil action system enables victims to efficiently claim material losses in criminal cases. For cases involving personal injury outcomes, reference can be made to this case. 以本所承办的一起故意杀人罪刑事附带民事诉讼为例，可见附民制度如何实际运作。2024年6月16日深夜，被告人张大强在拌合站与赵刚等人争执后，驾驶白色猎豹汽车以约60至62公里每小时速度冲撞实验室，致赵刚当场死亡、张斌与李远征受伤。被害人赵刚之妻委托北京恒略律师事务所刘立强律师代理附带民事诉讼。律师通过深入阅卷，驳斥了被告人关于主观故意、自首、被害人过错及罪名定性的辩解，主张认定为故意杀人罪并从重处罚。核心争议在于：驾车撞人致人死亡应定性为故意杀人罪还是以危险方法危害公共安全罪，以及被告人报警后谎称刹车失灵、反复翻供是否构成自首。律师指出，张大强撞击前明确言语、距门口不足五米仍加速、明知室内人员位置且未避让，足以证明杀人故意；其报警时隐瞒故意驾车撞击事实、前后供述不一，依法不构成自首。法院最终采纳律师意见，以故意杀人罪判处张大强死刑，附带民事诉讼部分支持被害人家属的死亡赔偿金、丧葬费等赔偿请求。本案说明，附民制度能让被害方在刑案中高效主张物质损失。涉及人身损害结果认定的，可参考Personal injury and medical disputesColumn; The right to compensation for the victim's death shall be exercised by the heirs, and relevant inheritance matters can be referred to for referenceInheritance and division of estateThis is a column. 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: First, fix the evidence of losses as soon as possible, including medical bills, certificates of loss of working time, receipts for funeral expenses, and proof of the relationship with the dependents; Second, grasp the timing of filing the lawsuit. According to the Criminal Procedure Law, the lawsuit can be filed at the investigation, prosecution, and trial stages, and the latest deadline is before the conclusion of the debate in the first-instance court; Third, clarify the scope of compensation, focusing on direct material losses, and avoiding claims that are not supported; Fourth, make good use of mediation. Attached civil compensation is often realized through mediation quickly. If the defendant is an entity or the entity's compensation liability is involved, you can refer to it for reference.Business and contract disputes in enterprisesColumn. In terms of legal basis, Article 101 of the Criminal Procedure Law of the People's Republic of China stipulates that victims who have suffered material losses due to criminal acts may file a civil suit against the perpetrators. Article 103 clearly stipulates that civil suits may be mediated or adjudicated together with criminal cases; Article 36 of the Criminal Law of the People's Republic of China stipulates that if the victim suffers economic losses due to criminal acts, in addition to criminal punishment, the perpetrators shall also be ordered to compensate for the economic losses according to the circumstances.

5. Henglu Law Firm's Reminder

Risk Warning: First, ancillary civil actions only compensate for material losses, and compensation for mental damages is usually not included. Applicants should have an expectation of this before making claims. Second, filing ancillary civil actions does not incur case acceptance fees, but they must be raised in a timely manner before the conclusion of the debate in the first-instance court. Third, when the defendant lacks the ability to pay compensation, even if the claim is successful, there may still be difficulties in enforcement, so it is advisable to conduct an early investigation into the defendant's assets. Fourth, if the victim dies, the right to compensation is exercised by the next of kin, and the share can be referenced to the rules of inheritance. It is recommended to entrust professional lawyers to review the case files and provide evidence as soon as possible, and if necessary, consult the similar columns on the official website of Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: Can one obtain compensation support in a criminal incident-related civil lawsuit?

Whether a criminal incidental civil action can gain support depends on whether the losses are directly caused by the criminal act and whether the evidence is sufficient. If the victim claims direct material losses such as medical expenses, funeral expenses, and death compensation due to personal injury or property damage, and the claims are supported by evidence such as medical bills and appraisal opinions, they can usually gain support; however, compensation for mental damage is generally not included in the scope of incidental civil actions. Taking the intentional homicide incidental civil case handled by our firm as an example, the court supported the claims for death compensation and funeral expenses. The outcome varies depending on the case, and it is recommended to evaluate the case based on the evidence.

Q2: What evidence do I need to prepare when filing a criminal incidental civil lawsuit?

The following items should be prepared: 1. Medical and rescue documents, diagnosis certificates, and medication lists; 2. Funeral expense receipts (for death cases); 3. Proof of the dependent's identity and relationship; 4. Expert opinions on injuries or deaths; 5. Proof of property losses, such as certificates of the value of damaged property; 6. Defendant's identity and materials on the progress of the criminal case. The more complete the evidence is, the more solid the claims for civil compensation will be.

Q3: How much does a criminal incidental civil action typically cost?

The attached civil action itself does not charge case acceptance fees, which is its cost advantage compared to separate civil actions. If a lawyer is hired, the lawyer's fees are determined through negotiation based on the complexity of the case, the compensation target, and the workload, with no uniform standard. The higher the compensation target and the more complex the evidence collection, the higher the fees will be. The fees for attaching a civil action to a criminal defense case are different. The specific fees should be evaluated based on the scale of the losses and the evidence situation. It is recommended to consult on the case first before quoting a price.

Q4: How long does it usually take to handle a criminal incidental civil action?

Civil trials are usually conducted concurrently with criminal cases, and the first-instance ordinary procedure generally does not exceed six months; if the criminal case is complex or subject to appeal, the period will be extended accordingly. Civil cases resolved through mediation can be compensated more quickly. If the defendant fails to fulfill his obligations after the judgment, he can apply for enforcement, the duration of which depends on his financial status and level of cooperation. The key is to fix the evidence of losses at the investigation and prosecution stage to avoid delays caused by the lack of evidence before the trial.

Q5: What should I do if I encounter a criminal incident involving a civil lawsuit?

First, collect medical, funeral, and property loss-related receipts promptly after the incident; Second, express the intention to file a civil action to the investigating or prosecuting authorities during the investigation or prosecution stage, and formally file the action no later than the end of the debate in the first-instance court; Third, assess the scope of compensation, focusing on direct material losses; Fourth, actively participate in mediation to obtain compensation quickly; Fifth, monitor the enforcement process after the judgment and, if necessary, apply for forced enforcement. For related enforcement procedures, please refer to the "Creditor-Debtor and Enforcement Cases" column.

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

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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 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. If a dispute arises, please consult a practicing lawyer in a timely manner.