[Direct answer]In criminal incidental civil actions, lawyers play a role throughout the two processes of conviction and compensation: by thoroughly reviewing the case files, cross-examining witnesses, and providing legal opinions, they influence the determination of the charge and the sentencing level. Moreover, in accordance with Article 101 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), lawyers represent the victim in claiming material damages such as death compensation, funeral expenses, and medical expenses. The earlier lawyers get involved, the greater the chances of securing evidence and negotiating compensation. When encountering major criminal cases, families can first obtain relevant information and seek legal advice from a lawyer to protect their legitimate rights and interests.Criminal defense and legal services for criminal case filingor viaBeijing Henglu Law FirmMake an appointment for an assessment.

1. Problem background and typical scenarios

In cases of intentional injury resulting in death, traffic accidents, and intentional homicide, victims face practical pressures such as medical expenses, funeral costs, and living expenses for dependents, in addition to concerns about criminal accountability. Typical scenarios include: uncertainty about whether and when to file a concurrent civil lawsuit; confusion about which losses can be claimed and whether mental damage can be compensated; worries about defendants refusing to pay compensation and judgments becoming empty promises; and a lack of leverage in negotiations with the other party to exchange compensation for understanding. Concurrent civil lawsuits and criminal proceedings are tried together, and missed opportunities or insufficient evidence will directly affect the amount of compensation received, which is why most families choose to hire lawyers.

II. Key points of dispute

  • The determination of charges and sentencing: Disputes over the classification of crimes such as intentional homicide and endangering public safety by dangerous means directly affect the determination of sentencing levels and aggravating circumstances, and also determine the bargaining chips in compensation negotiations and the litigation status of the victim's side.
  • The scope of material losses: Death compensation, funeral expenses, living expenses for dependents, medical expenses, transportation expenses, and other material losses may be claimed in accordance with Article 101 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). Compensation for mental damages is generally not within the scope of incidental civil litigation, and the selection of items needs to be precise.
  • The implementation of compensation: the clues to the defendant's assets, whether compensation is used to obtain a lighter sentence, and whether it is possible to apply for compulsory enforcement all affect whether the judgment can be enforced. These issues can be considered together.Creditor-debtor relations and enforcement case servicesEvaluate the path to implementation.

III. Professional analysis by Henglue Lawyers

Take a criminal and civil lawsuit case of intentional homicide represented by Henglue Law Firm as an example. On the night of June 16, 2024, a fierce argument broke out in the laboratory of a concrete mixing station. Staff members Zhang Bin, Li Yuanzheng, Zhao Gang, and Zhou Xiaohua had a dispute with the defendant, Zhang Daqiang, about the quality of the construction concrete while drinking alcohol. After the argument was mediated and Zhang Daqiang was sent back to his dormitory, his emotions did not subside. He then drove a white Cheetah car at a speed of about 60 to 62 kilometers per hour and rammed into the laboratory, smashing the door and crashing through the back wall, resulting in the instant death of Zhao Gang and injuries to Zhang Bin and Li Yuanzheng. The victim's wife, Liu Shufen, entrusted Liu Liqiang, a lawyer from Beijing Henglue Law Firm, to represent her in the accompanying civil lawsuit.

During the trial, the two sides focused on three points of contention: The defendant argued that there were only joking remarks before the incident, and that the police were called because of a brake failure, claiming that he had surrendered voluntarily and that the victim was at fault. The victim's family, on the other hand, demanded that the perpetrator be severely punished for intentional homicide and compensate for damages such as death compensation and funeral expenses. After accepting the case, the lawyer thoroughly reviewed the physical evidence, documentary evidence, witness statements, the defendant's confession, appraisal opinions, on-site inspection records, and audiovisual materials, refuting the defendant's arguments one by one: Zhang Daiqiang's verbal expressions before the collision revealed his murderous intent; he accelerated despite being less than 5 meters away from the door and knowing that there were people inside without taking any evasive action, demonstrating clear intent to kill; he lied to the police about the brake failure and gave inconsistent statements, failing to truthfully confess the main facts of the crime, which did not constitute voluntary surrender according to the law; normal work communication does not necessarily lead to car crashes, so the victim was not at fault; his clear targeting of multiple specific individuals should be identified as intentional homicide, and he should be punished severely due to his cruel methods and refusal to admit guilt and compensate for damages.

After the court heard the case and adopted the lawyer's opinion, it determined that Zhang Daiqiang intentionally deprived others of their lives by driving a vehicle to strike them, causing serious consequences of one death and two injuries, constituting the crime of intentional homicide. Moreover, the crime circumstances were extremely serious and he showed no remorse. Therefore, Zhang Daiqiang was sentenced to death for the crime of intentional homicide, and the accompanying civil action supported the compensation claims of the victim's family. The dispute over the nature of the crime was finally settled, and the family's compensation claims were also supported by the effective judgment.

IV. Practical suggestions and legal basis

At the legal basis level: Article 232 of the Criminal Law of the People's Republic of China (amended on March 14, 1997) stipulates that intentional homicide shall be punished by death, life imprisonment, or fixed-term imprisonment of not less than ten years; Article 36 stipulates that if the victim suffers economic losses due to the criminal act, in addition to being given criminal punishment according to law, the perpetrator shall be ordered to compensate for the economic losses according to the circumstances. Article 101 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that the victim who suffers material losses due to the defendant's criminal act has the right to initiate a concurrent civil action during the criminal litigation process; Article 46 stipulates that the near relatives of the victim in a public prosecution case have the right to entrust a litigation agent from the date the case is transferred for examination and prosecution, and may entrust a lawyer to provide legal assistance even earlier in the investigation stage. At the practical advice level: Timely preserve the death certificate, proof of kinship, medical bills, and funeral expenditure vouchers; sort out the clues of the defendant's property and apply for preservation when necessary; negotiate a settlement in conjunction with the sentencing proposal to avoid giving up the position of demanding a heavier punishment for a small concession. For the specific calculation of compensation items, you can also refer to the relevant provisions.Legal services for personal injury and medical disputes.

5. Henglu Law Firm's Advice

The value of civil litigation accompanying criminal cases lies not only in the amount of compensation, but also in influencing the determination of the crime and sentencing through professional evidence, and striving for a comprehensive legal evaluation for the family. The compensation items should be claimed within the statutory scope to avoid asking for exorbitant amounts that undermine credibility. If the defendant fails to fulfill the judgment, the plaintiff should promptly apply for enforcement and verify the clues of the defendant's assets. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe lawyer (practice license number: 11101200910454358, the document issued by the judicial administrative organ shall prevail) acted as the attorney. The court ultimately sentenced the defendant to death for intentional homicide and supported the request for incidental civil compensation. If you are facing similar situations, it is recommended to entrust a lawyer to intervene as early as possible in the investigation stage and protect your legitimate rights and interests through a comprehensive review of the case files and evidence analysis.

Q1: Can I win a civil lawsuit filed in conjunction with a criminal case?

As long as they meet the statutory conditions, they can obtain support. 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 due to the defendant's criminal acts have the right to initiate incidental civil actions during the criminal litigation process; they can claim compensation for material losses suffered from the infringement of their personal rights and the occupation of their property by criminals. The court will hear the incidental civil and criminal cases together. If the guilt is clearly determined and the losses are supported by documentary evidence, the compensation request will generally be supported. The key lies in accurately claiming the scope of losses and providing sufficient evidence, rather than simply inflating the amount, which directly determines the degree to which the request is accepted.

Q2: What evidence do I need to prepare to file a civil action incidental to a criminal case?

The key point is to prove the causal relationship between the loss and the defendant's actions: the victim's death certificate, the expert opinion on the injury, and the proof of kinship are the basic materials for claiming death compensation and the living expenses of the dependents; medical expense receipts, hospitalization records, and proof of follow-up treatment expenses; proof of funeral expenses and transportation expenses; and relevant account books for loss of income and business losses. At the same time, the defendant's property clues such as real estate, vehicles, and deposits can be submitted for the court's reference in adjudication and enforcement. The evidence should be sorted out item by item with the assistance of a lawyer, and the missing items can be requested to be retrieved to avoid having the compensation amount reduced due to insufficient evidence at the trial.

Q3: How much litigation fees do I need to pay for a civil action, and how much does it cost to hire a lawyer?

Civil actions accompanying criminal proceedings are initiated together with the criminal process in accordance with Article 101 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). In practice, no case acceptance fees are charged, which is an important difference from ordinary civil litigation. Attorney fees are determined through negotiation based on the complexity of the case and the stage of representation, and the scope of representation and billing methods are usually specified in the power of attorney contract. Lawyers' professional input focuses on reviewing the case file, providing evidence, and negotiating compensation. It is recommended to incorporate the fees and service objectives into a written contract, pay in stages, and request invoices to avoid disputes arising from verbal agreements after the case drags on.

Q4: How long will it take to reach a conclusion in the accompanying civil lawsuit?

The trial of civil cases concurrently with criminal cases mainly depends on the progress of the criminal proceedings. According to Article 208 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the public prosecution cases shall be sentenced within 2 months after acceptance, but not later than 3 months; for cases involving the possibility of the death penalty or accompanying civil actions, the time limit may be extended by 3 months with the approval of the higher court. For cases where the defendant admits guilt and the facts are clear, the process from initiating the accompanying civil action to the first-instance judgment usually takes about half a year; for cases where the defendant does not admit guilt, the evidence is complex, or additional appraisals are needed, the period will be correspondingly extended. After the judgment takes effect, if the other party fails to perform the obligations, the enforcement procedure needs to be initiated, and the family members should have an overall time expectation.

Q5: What if the defendant refuses to compensate?

The approach can be divided into three steps. Before the trial, actively promote negotiations for compensation in exchange for understanding, and at the same time, provide the court with clues to the defendant's assets. Whether compensation is provided or not directly affects the discretionary sentencing circumstances; after the verdict, if the defendant refuses to perform the obligation, timely apply to the court for compulsory enforcement. The court may inquire into, freeze, and transfer his/her deposits, seize and auction his/her property. Those who refuse to perform the obligation may be subject to criminal liability separately if the circumstances are serious; if there are no assets available for enforcement, attention can be paid to his/her ability to perform after release from prison and apply for resumption of enforcement. It should be noted that compensation for mental damage is generally not within the scope of incidental civil actions. When claiming material losses, all items should be listed in full to avoid being limited by the scope of adjudication due to omissions.

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