[Direct answer]In the Beijing area, it is usually necessary to hire a lawyer for civil litigation accompanying criminal proceedings. Civil litigation accompanying criminal proceedings requires claiming compensation for material losses while prosecuting the defendant's criminal responsibility, involving the definition of the scope of compensation, the organization of evidence, and the connection between criminal and civil procedures. Professional lawyers can help the victim clarify the compensation items, fix the evidence of losses, and promote the implementation of the compensation. According to Article 101 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 act, he/she has the right to initiate civil litigation accompanying criminal proceedings during the criminal litigation process. Whether to hire a lawyer should be determined based on the scale of losses and the status of evidence. If the losses are significant or the other party refuses to compensate, it is more advisable to hire a lawyer as soon as possible. You can refer to the following for more information:Criminal defenseColumn.

I. Problem Background and Typical Scenarios

Such consultations are commonly encountered in several situations: First, in cases of intentional injury, intentional homicide, and other violent crimes, if the victim dies or sustains serious injuries, the family members may wish to claim various losses such as funeral expenses; Second, in traffic accident cases, there may be overlapping between vehicle insurance and criminal compensation; Third, in property crimes such as fraud and theft, the relationship between restitution and incidental civil compensation may be unclear; Fourth, when the defendant and his family are willing to compensate for the victim and seek forgiveness, the two parties may negotiate the amount of compensation; Fifth, after the criminal judgment, if the compensation is not implemented in a timely manner, it needs to be transferred to the enforcement stage. When handling similar cases in the Beijing area, it is usually necessary to first clarify the scope of compensation that can be claimed, and then decide whether to file an incidental civil action or initiate a separate civil lawsuit.

II. Key points of dispute

Focus One: The scope of compensation. In general, incidental civil actions typically cover material losses such as medical expenses, nursing care fees, and funeral expenses, but compensation for mental damages is usually not included. There are differences in the eligibility of death compensation and disability compensation across different regions. Focus Two: The timing of filing. Incidental civil actions should be initiated before the announcement of the first-instance criminal judgment. Focus Three: The choice between incidental civil actions and separate civil litigation. In some cases, initiating separate civil litigation allows claimants to pursue additional compensation items. Focus Four: The relationship between compensation, reconciliation, and sentencing. Active compensation and obtaining the victim's forgiveness constitute mitigating circumstances for the defendant. Focus Five: Prioritize mediation. The court may mediate the incidental civil matters during the trial. Focus Six: Enforcement guarantees after the judgment. Focus Seven: Evidential requirements. Losses must be supported by evidence such as receipts and appraisal reports. For specific cases, please refer to the currently effective laws, regulations, and judicial rulings. For matters related to judgment enforcement, you may consult the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

Take a criminal incidental civil action case of intentional homicide handled by our firm as an example. On June 16, 2024, after a dispute with others at a mixing station, the defendant, Zhang Daqiang, drove his car at high speed into the laboratory, resulting in the instant death of the victim, Zhao Gang, and injuries to two others. The victim's wife entrusted our firm's lawyers to represent her in the incidental civil action. The handling lawyers carefully reviewed the physical evidence, documentary evidence, witness statements, the defendant's confessions, appraisal opinions, and on-site investigation records, and refuted the defendant and his defense attorney's arguments one by one: Subjectively, his language before the collision revealed his murderous intent, and the fact that he accelerated and failed to avoid the victims despite being less than five meters away from the door clearly demonstrated his intentional homicide; regarding his voluntary surrender, he lied to the police about the brake failure and gave inconsistent statements before and after his surrender, which did not constitute voluntary surrender; regarding the victim's fault, normal work communication does not necessarily lead to vehicular attacks, so the victim was not at fault; and regarding the nature of the crime, it should be determined as intentional homicide. The court adopted the lawyers' opinions, determined that the defendant committed intentional homicide with extremely serious circumstances, and sentenced the defendant to death. The incidental civil action part supported the victim's family's compensation claims. This case shows that incidental civil actions are not simply about submitting lawsuits. Compensation claims and criminal convictions and sentencing are interrelated, and professional representation can significantly enhance the persuasiveness of claims; this case was handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action suggestions: First, seek medical treatment promptly and keep all medical bills, diagnosis certificates, and materials for disability appraisal; Second, sort out the list of material losses such as funeral expenses and the living expenses of dependents; Third, decide to file a concurrent civil lawsuit or separate lawsuit before the announcement of the first-instance criminal judgment; Fourth, when negotiating compensation with the defendant, you can simultaneously issue a reconciliation opinion to combine compensation with sentencing; Fifth, if the other party fails to fulfill the judgment after it takes effect, apply for enforcement promptly. In terms of legal basis, Article 101 of the Criminal Procedure Law of the People's Republic of China stipulates the conditions for initiating a concurrent civil lawsuit, and Article 103 stipulates that the trial of the concurrent civil part may be subject to mediation; Article 1179 of the Civil Code of the People's Republic of China (effective from January 1, 2021) stipulates the items of compensation for personal injury. For related document points, please refer to the relevant materials.Special services and other casesColumn.

5. Henglu Law Firm's Reminder

Risk Alert: First, ancillary civil litigation must be initiated before the first-instance criminal judgment is announced. If the deadline is missed, the case can only be litigated separately in civil court. Second, compensation for mental damage is generally not supported in ancillary civil litigation. Before making a claim, you should understand the legal framework. Third, the amount of compensation must be supported by evidence. Unreasonable demands for compensation may affect the mediation process. Fourth, criminal restitution and ancillary civil compensation may coexist. The choice of litigation path affects the actual compensation amount. Fifth, after the defendant is sentenced to a heavy prison term, his/her ability to pay compensation is often limited. It is advisable to promote a one-time compensation during the sentencing negotiation stage. It is recommended to consult a lawyer as soon as possible.Beijing Henglue Law FirmOn the official website, in the same category, evaluate the claim path and evidence preparation.

VI. Frequently Asked Questions

Q1: Is it necessary to hire a lawyer for a civil action brought in conjunction with a criminal case?

It is necessary when the losses are significant or the case is complex. Lawyers can help define the compensable items, organize medical bills and appraisal evidence, participate in compensation mediation, and follow up on its implementation. Taking the intentional homicide-related civil case handled by our firm as an example, the lawyer, through a thorough review of the case files and evidence refutation, secured a death sentence in the criminal part while supporting the civil compensation request. If the losses are minor and the defendant voluntarily makes full compensation, the victim can also claim compensation on their own, but it is advisable to consult an appraiser first.

Q2: What items can be claimed in incidental civil compensation?

Generally, one can claim for material losses suffered due to criminal acts, such as medical expenses, nursing fees, transportation costs, income loss due to work interruption, and funeral expenses; if the victim is disabled, one can also claim for assistive device expenses; if the victim dies, one can claim for funeral expenses and other costs. Compensation for mental distress is generally not supported in ancillary civil litigation. There are regional differences in whether death compensation and disability compensation can be supported, and the specific standards shall be subject to the current judicial interpretations and the rulings of the court where the case is heard.

Q3: Which should I choose between a civil action accompanying a criminal case and a separate lawsuit?

The accompanying civil litigation does not charge litigation fees, has a convenient procedure, and is tried together with criminal cases, but the scope of compensation that can be claimed is relatively narrow; initiating a separate civil litigation may allow for more claims, but it requires paying litigation fees in advance and takes longer. If the evidence of the case is sufficient and the claims fall within the scope of the accompanying civil litigation, initiating it concurrently is more efficient. If you want to claim more compensation items, you can consult a lawyer and choose to file a separate lawsuit. The two approaches cannot result in duplicate compensation.

Q4: How long will it take to handle the accompanying civil lawsuit?

In principle, civil actions accompanying criminal cases are tried together with the criminal cases; to prevent excessive delays in criminal trials, the same trial organization may continue to hear the civil actions after the criminal part of the case is concluded. The overall duration depends on the progress of the criminal part of the trial. For criminal cases subject to ordinary procedures, the first-instance trial is usually concluded within a few months, and it will take longer for cases with significant complexity. If a compensation agreement is reached through mediation, the implementation of the agreement is usually faster than the enforcement of a judgment.

Q5: What should I do if the other party refuses to compensate me after the judgment?

You can apply to the court for enforcement within the statutory time limit, submit clues to the property, and let the court investigate and control the property under the defendant's name. If the criminal judgment also orders the defendant to compensate the victim for the losses, the compensated part can also be realized through the enforcement procedure. During the enforcement, you can claim interest for delay in performance. After the defendant receives a light sentence, his willingness to compensate is usually stronger. It is recommended to promote the compensation to be in place during the communication stage of sentencing, and the relevant enforcement issues can be referred to for reference.Creditor's rights and debts, and enforcement casesColumn.

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 Lawyers about 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, 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. In case of disputes, please consult a practicing lawyer in time.