[Direct answer]In the Beijing area, the scope of compensation for criminal incidental civil actions is limited to the material losses caused by the criminal act. According to Article 101 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), victims who suffer material losses due to the defendant's criminal acts have the right to initiate incidental civil actions during the criminal litigation process; Article 175 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China (Legal Interpretation No. 2021, effective from March 1, 2021) clearly stipulates that the scope of compensation for incidental civil actions includes reasonable expenses paid for treatment and rehabilitation, such as medical expenses, nursing fees, and transportation fees, as well as income lost due to work interruption. If the victim dies, the compensation also includes funeral expenses and other costs. Generally, requests for compensation for mental distress are not accepted. The support for items such as death compensation varies from region to region, so it is advisable to seek early evaluation by a lawyer. For reference, please refer to the following materials:Criminal defenseColumn.

I. Problem Background and Typical Scenarios

Such issues often arise in several scenarios: First, in cases of intentional injury and traffic accidents, victims and their families may ask whether medical expenses and loss of income can be resolved together with the criminal case; Second, in cases of death, families hope to claim large-scale items such as death compensation and the living expenses of dependents; Third, in cases of property crimes, victims want to recover losses through ancillary civil proceedings; Fourth, the defendant's family hopes to obtain a lenient punishment through compensation and understanding; Fifth, after the ancillary civil judgment, they want to file a separate lawsuit for uncovered items. When handling similar cases in Beijing, the court usually first defines the scope of material losses, and then evaluates the path of pursuing compensation through ancillary civil proceedings or separate litigation.

II. Key points of contention

First, the scope of compensation is limited to material losses, and requests for compensation for mental damages are generally not accepted in ancillary civil actions. Second, the items of compensation include personal injuries such as medical expenses, nursing fees, transportation costs, and loss of income, and in cases of death, expenses such as funeral costs are also included. Third, there are regional differences in the handling of items such as death compensation and the living expenses of dependents. Some parties choose to file separate civil lawsuits or resolve the matter through compensation agreements during sentencing negotiations. Fourth, the time of filing should be before the first-instance judgment is announced after the criminal case is registered. Fifth, the relationship between compensation and sentencing: active compensation and reaching a settlement are considered mitigating circumstances. Sixth, enforcement guarantees: if there is concern about the other party transferring assets, an application for preservation can be made. Specifically, the current effective laws and regulations and judicial rulings shall prevail. For personal injury compensation items, reference can be made to the relevant provisions.Personal injury and medical disputesColumn.

III. Professional analysis by Henglue Law Firm

Taking the criminal incidental civil action in an intentional homicide case handled by our firm as an example, we can observe the handling process of such cases. In June 2024, the defendant, Zhang * , drove his car into the workplace during a construction dispute, resulting in one person being killed on the spot and two others being injured. The victim's family entrusted lawyer Liu Liqiang to represent them in the incidental civil action. The lawyer comprehensively reviewed the case materials such as physical evidence, witness statements, and appraisal opinions, and refuted the defendant's defenses one by one regarding subjective intent, voluntary surrender, and the victim's fault. He argued that Zhang's accelerated impact and failure to avoid the victim demonstrated clear intent to kill, and advocated for a conviction of intentional homicide and a heavier punishment. The court adopted the lawyer's opinion, finding that Zhang intentionally deprived others of their lives, resulting in one death and two injuries, and sentenced him to death for intentional homicide. The incidental civil action supported the family's compensation request. This case highlights that in cases involving death, the compensation that families can claim is limited to material losses, such as funeral expenses, medical expenses, and loss of income, which are usually supported. Items such as death compensation need to be evaluated in light of local judicial practices. At the same time, whether the defendant actively compensates directly affects the sentencing negotiation, so families should coordinate their compensation demands with criminal procedures with the help of lawyers. This case was 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. Collect loss-related evidence as soon as possible, such as medical bills, certificates of lost work time, funeral expense receipts, and proof of dependency relationships; 2. File a concurrent civil lawsuit against the defendant after the criminal case is registered and before the first-instance verdict is announced. Failure to do so within the statutory timeframe will require separate litigation; 3. Support compensation claims with clear calculation bases to avoid vague assertions; 4. Evaluate the legal path for disputed items such as death compensation and, if necessary, initiate separate civil litigation; 5. Cooperate with investigative authorities to reach a compensation agreement and strive for simultaneous implementation of lenient criminal sentencing and civil compensation; 6. Apply for property preservation measures promptly if concerned about the defendant transferring assets. Legal basis: - Article 101 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates the conditions for initiating concurrent civil litigation; - Article 175 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China (Legal Interpretation [2021] No. 1, effective March 1, 2021) defines the scope of compensation and the handling of claims for mental distress; - All calculation standards shall comply with current laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Risk Alert: First, ancillary civil actions are limited to material losses, and compensation for mental damages is generally not accepted in this procedure. It is expected to be reasonable; Second, the timing of filing is subject to the time limit before the first-instance judgment is announced, and delaying it will lose the convenience of being dealt with together; Third, the amount of compensation needs to be supported by evidence, and vague claims are difficult to obtain support; Fourth, there are obvious regional differences in items such as death compensation, so it is advisable to consult first before formulating a strategy; Fifth, those who reach a compensation settlement agreement should fix the performance mode in writing. It is recommended to consult as soon as possibleBeijing Henglu Law FirmOn the official website, in the corresponding column, lawyers calculate the losses and design the litigation path.

VI. Frequently Asked Questions

Q1: What specific claims can be made in an incidental civil action?

In personal injury cases, claimants can claim reasonable expenses for treatment and rehabilitation, such as medical fees, nursing fees, and transportation fees, as well as income lost due to work interruption. For cases involving disability, claimants can claim expenses for assistive devices for daily living. In cases involving death, claimants can claim funeral expenses and other related costs. In property crime cases, claimants can demand the return of the original items or compensation for losses. Generally, claims for mental distress compensation are not accepted in ancillary civil litigation. All claims must be supported by evidence, and it is recommended to list the calculation basis for each item before making a claim.

Q2: Can compensation for mental damage be claimed together with other claims?

In general, it is not allowed in ancillary civil litigation. According to Article 175 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China, if a request for compensation for mental damage is raised in an ancillary civil lawsuit due to being victimized by a crime, the people's court generally does not accept it. In practice, family members can achieve the purpose of consolation by getting the defendant to sincerely repent and actively compensate for the damages; whether they can file a separate civil claim varies from region to region. It is recommended to consult a lawyer to evaluate the legal path.

Q3: When should a civil action be filed in conjunction with a criminal case?

It should be initiated after the criminal case is registered and before the first-instance judgment is announced. It can be submitted to the corresponding case-handling organ at the investigation, review and prosecution, or trial stages. The subjects with the right to initiate the action include the victim, the victim's legal representative, and close relatives. If the victim dies or loses the capacity for action, it shall be initiated by his legal representative or close relatives. If it is not initiated within the time limit, a civil lawsuit can be initiated separately, but the convenience of being tried together will be lost. It is recommended to determine the time point with the handling lawyer as soon as possible.

Q4: Do I need to pay litigation fees when filing a lawsuit with a civil lawsuit attached?

According to current regulations, criminal incidental civil actions generally do not charge case acceptance fees, which is a system arrangement to reduce the burden on victims to safeguard their rights; if a civil lawsuit is filed separately, the litigation fees shall be paid according to the standards for property cases. The implementation of the incidental civil part through mediation or judgment directly affects the actual enforcement costs. The specific charging requirements shall be subject to the accepting court's decision, and you can verify and confirm them at the litigation service window before filing a case.

Q5: How much does the compensation and apology affect the sentencing of the defendant?

Active compensation and reaching an understanding with the victim are important mitigating circumstances. In judicial practice, these factors are generally considered when determining a lenient punishment, and in some cases, the defendant may be granted probation or have their sentencing recommendation reduced within the statutory range. However, compensation and reaching an understanding with the victim do not change whether the defendant is guilty or not, nor can they replace the statutory punishment. After assessing the losses and determining a reasonable amount, the victim should sign a written agreement of understanding and clarify the method of fulfillment. It is advisable to have a lawyer participate in the negotiations to balance the demands of both parties. For reference, please refer to the following materials:Criminal defenseColumn.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 open 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 time.