[Direct answer]In the Beijing area, it is generally not possible to claim compensation for mental damage in criminal incidental civil actions. According to Article 101 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), victims who have suffered material losses due to the defendant's criminal acts have the right to initiate incidental civil actions during the criminal litigation process; 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, implemented on March 1, 2021) clearly states that claims for compensation for mental damage caused by criminal offenses are generally not accepted. What can be claimed are material losses such as medical expenses, death compensation, funeral expenses, and living expenses for dependents, which should be initiated in a timely manner after the criminal case is registered and before the first-instance judgment is announced, so as to resolve both material compensation and criminal accountability at the same time. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

1. Problem background and typical scenarios

In cases such as traffic accidents, intentional injuries, and fraud, the families of the victims often mistakenly believe that "if a criminal conviction is obtained, the compensation for mental harm can also be claimed in the criminal court." The scope of compensation in a civil action accompanying a criminal case is limited to material losses, and support can be obtained for items such as death compensation, medical expenses, and funeral expenses. However, compensation for mental harm is generally not accepted. Some families, due to not understanding the rules, making erroneous claims, or failing to sue in time, miss the opportunity to handle the civil compensation together with the criminal case. For cases involving personal injury compensation and document preparation, the two can be combined.Personal injury and medical dispute servicesCoordinated evaluation.

II. Key points of contention

The controversy focuses on three points. Firstly, the boundaries of the scope of compensation: which items belong to material losses and which belong to mental damages directly determine whether the claim can be supported. Secondly, the choice of procedure: mental damages generally cannot be included in the incidental proceedings, and separate litigation is also subject to strict restrictions. It is not advisable to pin hopes on bypassing these procedures. Thirdly, the timing and subject of filing: if the victim dies, his legal representatives and close relatives have the right to file a lawsuit, and the lawsuit should be filed before the first-instance judgment is announced. The determination of losses involving the destruction or loss of property can be connected to this.Creditor-debtor relations and enforcement case servicesEvaluate the recovery path.

III. Professional analysis by Henglue Law Firm

In a criminal incidental civil action case of intentional homicide handled by our firm, on the night of June 16, 2024, after a dispute with staff at a mixing station, the defendant accelerated his car and rammed into a laboratory, resulting in one death and two injuries. The victims' families, in their grief, entrusted our lawyers to represent them in the incidental civil action, claiming various material losses such as death compensation and funeral expenses, and demanding that the defendant be severely prosecuted for intentional homicide. Through a thorough review of the case file, the lawyers argued one by one on the focus points of subjective intent, whether the defendant surrendered voluntarily, and the nature of the crime. Ultimately, the court sentenced the defendant to death for intentional homicide, and the incidental civil action part supported the victims' families' compensation requests. This case shows that the compensation that victims' families can claim is limited to material losses, and compensation for mental damage is generally not within the scope of incidental civil actions. The more accurately the compensation items are organized, the higher the chance of obtaining support. This case was handled by Beijing Henglue Law Firm.Shang JiangpengThe lawyer (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 101 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018) (subjects initiating incidental civil actions and the scope of material losses), as well as the provisions on the conditions for accepting incidental civil actions, the scope of compensation, and the handling of requests for mental damages in 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, implemented on March 1, 2021). Practical suggestions: First, distinguish between compensation items and only list material losses to avoid erroneous claims affecting the overall claim; Second, prepare all necessary materials, including medical bills, death certificates, burial expenses receipts, and proof of the relationship between the dependents; Third, initiate the action before the first-instance judgment is announced to prevent missing the procedural window; Fourth, simultaneously investigate the defendant's financial status and, if necessary, apply for property preservation. For major rights and interests coordination arrangements, you can seek assistance from a professional lawyer or law firm.Special services and other case servicesAdvance.

5. Henglu Law Firm's Advice

The victims' families should focus on fully claiming their material losses and cooperating with criminal accountability during the criminal proceedings, rather than insisting on compensation for mental damages. Conducting ancillary proceedings in parallel with the criminal part is a more economical remedy channel; if there are other civil rights and interests, they can be evaluated separately according to law after the criminal proceedings are concluded. At the same time, attention should be paid to preserving the defendant's property in a timely manner to avoid the situation of "winning the judgment but not getting compensation". If a case needs evaluation, it can be done through the following channels:Beijing Henglu Law FirmConsult a professional lawyer.

VI. Frequently Asked Questions

Q1: If a claim for compensation for mental damage is made in a criminal incidental civil action, will the court support it?

Generally, this is not the case. The scope of compensation in civil litigation is limited to material losses. According to Article 101 of the Criminal Procedure Law and relevant judicial interpretations, claims for compensation for mental damages caused by crimes are generally not accepted, and the court usually does not deal with claims for mental damages. Victims' families should focus their claims on quantifiable items such as death compensation, funeral expenses, medical expenses, and living expenses of dependents. The specific items and calculation standards shall be subject to the current rules of the accepting court. It is important to avoid making false claims to occupy limited procedural resources and affect the smooth progress of the overall compensation process.

Q2: What evidence do the victims' families need to prepare when filing a concurrent civil lawsuit?

The core is evidence of material losses: medical bills and medical records (treatment expenses), death certificates (consequences of death), funeral bills, proof of the dependent's identity and kinship, proof of nursing and loss of income, lists of property losses and value certificates, and transportation and accommodation bills. For claims for the dependent's living expenses, it is also necessary to provide proof that the dependent is incapacitated for work and has no source of income. The evidence should form a complete chain to prove the causal relationship between the losses and the criminal act. When necessary, a judicial appraisal can be applied for to ensure that each claim is supported by evidence.

Q3: How much does it cost to file a civil action in conjunction with a criminal case, and how are attorney's fees charged?

Attached civil actions do not incur litigation fees according to law, and the costs mainly consist of actual expenses such as appraisal fees and preservation fees. Lawyer's fees have no uniform standards, and are determined by the law firm and the client based on the case circumstances and workload, and are specified in the entrustment contract. Compared with filing a separate civil action, the attached procedure saves the cost of repeated case filing and evidence collection, and the overall cost is lower. Before entrusting, it is recommended to clarify with the lawyer the charging method, the included stages, and the refund conditions. Combined with the amount of compensation that can be claimed, weigh the cost-effectiveness and focus on claims with solid evidence and supportable amounts.

Q4: How long does it usually take to reach a verdict in a civil action brought alongside a criminal case?

Attached civil actions are generally heard together with the criminal part, and judgments are made concurrently before the first-instance verdict. The timeframe is tied to the progress of the criminal case: simple and fast-track cases with clear facts are handled more quickly, while major and complex cases are extended accordingly in line with the criminal trial time limit. To avoid delays in the criminal process affecting civil compensation, civil litigation can also be initiated separately after the criminal case is registered, subject to the three-year statute of limitations (according to Article 188 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021). Regardless of the path chosen, it is essential to promptly assert and preserve property to prevent the defendant from transferring assets.

Q5: As the family of the victim, what should we do specifically?

It is recommended to proceed in four steps: First, communicate with the case-handling organ in time after the criminal case is filed to confirm the window for initiating a concurrent civil action. In principle, the action should be initiated before the first-instance judgment is announced; Second, organize bills for medical treatment, death, funeral, and material losses of the dependents to form a compensation list; Third, entrust a lawyer to review the case files to evaluate the items and amounts that can be supported, simultaneously investigate the defendant's property clues and apply for preservation; Fourth, make rational choices about the claims that cannot be asserted in the concurrent proceedings, and if necessary, evaluate them separately according to law after the criminal proceedings end. The earlier the evidence is fixed, the greater the chance of obtaining compensation.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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, so as to avoid missing the statutory time limits.Criminal defense legal services·Attorney Shang Jiangpeng·Beijing Henglue 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.