[Direct answer]Generally, it is not supported. In criminal incidental civil actions, if the victims and their close relatives claim compensation for mental damage, the people's courts will, in principle, not accept their claims. According to the provisions of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" regarding the scope of compensation in incidental civil actions, the compensation is limited to the material losses caused by the criminal act, and the compensation for mental damage is usually not included. Exceptions such as specific circumstances of traffic accident crimes have separate rules, which need to be judged on a case-by-case basis. It is recommended that the victims' families, when initiating incidental civil actions, focus on claiming compensation for material losses such as death compensation, funeral expenses, and medical expenses, and consult professional lawyers about the relationship between civil compensation and criminal sentencing. For more details, please refer to the following link:Criminal defense and criminal case filing services.

1. Problem background and typical scenarios

In criminal cases, after the victim dies or is injured, family members often ask, "Who will compensate for our mental suffering now that the perpetrator is in prison?" Typical scenarios include: intentional injury, intentional homicide resulting in the death of a loved one, where family members hope to claim compensation for mental distress; traffic accidents and acts of provocation causing psychological trauma, where victims demand consolation money; and cases where the defendant is unable to compensate and family members are eager to seek accountability through civil litigation. However, there are differences in the scope of compensation between incidental civil litigation and ordinary civil litigation, and many parties mistakenly believe that compensation for mental distress is inevitable. For cases involving personal injury, please refer to the following for more information.Personal injury and medical dispute services.

II. Key points of dispute

The focus of the controversy lies in three aspects. Firstly, the scope of compensation: ancillary civil actions are limited to material losses, and compensation for mental distress is generally excluded, which is the most significant difference from ordinary civil actions. Secondly, exceptional circumstances: judicial interpretations for individual types of crimes (such as traffic accidents) have separate provisions for mental damages, which need to be applied differently. Thirdly, compensation and sentencing: active compensation and obtaining a settlement constitute discretionary mitigating circumstances, but the fact that mental damages are not supported does not mean that other material compensation cannot be obtained. In practice, lawyers will guide family members to maximize their claims within the legal scope. For cases involving inheritance and succession, relevant provisions can be combined with other legal frameworks to achieve the best results.Inheritance succession and family property division services.

III. Professional analysis by Hengluo Law Firm

Taking a criminal incidental civil action for intentional homicide handled by our firm as an example: On June 16, 2024, after an argument with Zhao Gang and others at the mixing station, the defendant, Zhang Daqiang, accelerated his car 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 Liu Liqiang, a lawyer from Beijing Henglu Law Firm, to represent her in the incidental civil action. One of the disputed issues was 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 surrender constituted a voluntary surrender. Through in-depth review of the case file and focusing on the evidence, the lawyer refuted the defendant's defense of subjective intent, voluntary surrender, and the classification of the crime, and argued that the defendant should be convicted of intentional homicide and given a heavier punishment. The lawyer also claimed for material losses such as death compensation and funeral expenses. The court ultimately adopted the lawyer's opinion, sentenced Zhang Daqiang to death for intentional homicide, and supported the victim's family's request for compensation in the incidental civil action. 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

The core basis is Article 101 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018) regarding incidental civil actions, as well as the provisions of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China regarding the scope of compensation in incidental civil actions (limited to material losses); Article 232 of the Criminal Law of the People's Republic of China (intentional homicide). Practical suggestions: When initiating incidental civil actions, focus on material losses, and list items such as death compensation, funeral expenses, living expenses for dependents, medical expenses, and transportation costs; pay attention to the connection between criminal and civil procedures; grasp the defining disputes and compensation claims through attorney's review of case files; maintain reasonable expectations regarding the boundaries of claims for mental damages. For cases involving compensation enforcement, relevant provisions can be referenced.Creditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Reminder

The focus of the incidental civil action in criminal cases lies in the term "material losses". Compensation for mental distress is generally not within the scope of support, which is the most easily misunderstood point by the victims' families. It is recommended to hire a lawyer as soon as possible, clarify the disputed issues of legal qualification and the compensation items that can be claimed on the basis of reviewing the case files, and strive to obtain compensation and understanding through active communication. In major cases where relatives are victims, we should rationally distinguish the boundaries of criminal accountability and civil compensation, and safeguard legitimate rights and interests in accordance with the law. For further evaluation, you can refer to the following materials:Special services and other case services.

VI. Frequently Asked Questions

Q1: In criminal incident-related civil litigation, can compensation be awarded for mental distress damages?

In principle, such requests will not be supported. According to the judicial interpretation of the Criminal Procedure Law, if a civil action for mental damages is initiated in conjunction with a criminal action or separately, the people's court generally will not accept it, and the scope of compensation is limited to material losses. Exceptions such as specific types of crimes like traffic accidents exist, where the relevant judicial interpretations have special provisions on mental damages, which can be judged on a case-by-case basis. Therefore, the families of the victims should focus their claims on legally claimable material losses such as death compensation, funeral expenses, and medical expenses, and maintain reasonable expectations regarding mental compensation.

Q2: If I want to claim compensation in a civil action accompanying a criminal case, what evidence do I need to prepare?

The evidence of material losses that need to be prepared includes: medical bills, transportation receipts, proof of funeral expenses, proof of the relationship between the deceased and the dependents, income and loss of work materials, and property loss appraisals. At the same time, identity proof and proof of the relationship with the victim's relatives should be provided to determine the plaintiff's qualifications. The lawyer will clarify the causal relationship between the material losses and the criminal act based on the investigation, appraisal, and the defendant's confession in the case file, ensuring that the claims are supported by evidence.

Q3: How much does it usually cost to hire a lawyer for a criminal incident-related civil case?

The attorney fees for the part of the civil action attached to the criminal case are negotiated between the law firm and the client. They are usually charged on a per-case or per-stage basis, with the specific fees subject to the contract of engagement. There is no nationwide standard pricing for these fees. Risk-based representation is not allowed for civil actions attached to criminal cases. Some law firms provide a comprehensive quote for both the civil action attached to the criminal case and the criminal defense. It is recommended to clarify the scope of fees and whether they cover the enforcement stage before entrusting the case, to avoid unclear expectations of additional costs arising from the enforcement of compensation.

Q4: How long does it take from filing a civil action to receiving compensation?

Generally, civil litigation accompanying criminal cases is tried together with the criminal case, and the time limit is synchronized with the criminal procedure: the investigation and detention usually takes about two months, the review and prosecution takes about one and a half months, and the first-instance ordinary procedure is concluded within two months. If the criminal case is not concluded, civil compensation often needs to wait for the criminal determination. If the judgment comes into effect and enters the execution stage, the time depends on the defendant's financial situation and ability to perform. Overall, it often takes several months or even longer from the filing of the case to the actual receipt of compensation. The earlier lawyers get involved, the more conducive it is to identifying property clues.

Q5: If a loved one is a victim and I want to file a civil suit as a plaintiff, what should I do first?

It is recommended to proceed in four steps: Firstly, report the case to the police in time and fix the evidence of injuries, deaths, and the scene, cooperate with the investigation; Secondly, entrust a lawyer as soon as possible to represent the plaintiff in the accompanying civil litigation, review the case file, and clarify the disputed issues; Thirdly, sort out the items of material losses that can be claimed and the supporting documents, and determine the plaintiff's qualifications; Fourthly, claim compensation in the litigation and pay attention to the defendant's property, and apply for enforcement promptly after the judgment. Rationally distinguish between criminal accountability and civil compensation, and maximize the protection of rights in accordance with the law.

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

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