When is the moral compensation for criminal offenses paid?

Edit | Yang Qin

Typography | Wattle

Introduction: In some personal criminal crime cases, the victim often causes serious mental harm because of the criminal act, so for the victim, in addition to hoping that the person who committed the criminal act will be criminally punished, he also hopes to claim compensation for moral damage. So in criminal cases, can moral compensation be claimed? When is the general payment?

"Can moral damages be claimed in criminal cases?

According to the Code of Criminal Procedure, "Where the victim suffers material losses as a result of the defendant's criminal conduct, he has the right to file an incidental civil action in the course of criminal proceedings. If state property or collective property suffers losses, the people's procuratorate may, when initiating a public prosecution, initiate an attached civil lawsuit.

It can be seen that if the victim has material damage, he can file an attached civil lawsuit. So can mental loss be raised?

The answer is no. According to Article 1 of the Provisions of the Supreme People's Court on Issues Concerning the Scope of Criminal Incidental Civil Litigation, "Where a person suffers material losses due to a criminal infringement of personal rights or suffers material losses due to the destruction of property by criminals, an attached civil lawsuit may be initiated." Where a victim suffers mental losses as a result of a criminal act and initiates an attached civil lawsuit, the people's court will not accept it.

In addition, the Reply of the Supreme People's Court on Whether the People's Court Accepts Civil Lawsuits Brought by Victims of Criminal Cases for Compensation for Moral Damages stipulates: "In accordance with Article 36 of the Criminal Law and Article 77 of the Criminal Procedure Law, as well as the provisions of Paragraph 2 of Article 1 of the Provisions of our Court on the Scope of Criminal Incidental Civil Litigation, an incidental civil lawsuit filed against a victim of a criminal case who suffers mental losses due to the defendant's criminal conduct, or after the conclusion of the criminal case, Where the victim separately initiates a civil lawsuit for compensation for moral damages, the people's court will not accept it. ”

According to the relevant laws and regulations, it can be seen that in criminal cases, it is impossible to claim compensation for moral damages, and only material losses can be claimed. Even if a civil lawsuit is filed separately, the court will not accept it if it wants to claim moral damages.

"What are the conditions for ancillary civil actions?

The following conditions must be met for the filing of an incidental civil action:

(1) The plaintiff or legal representative who initiates the attached civil action meets the statutory requirements;

(2) There is a clear defendant;

(3) Have a specific claim and factual basis for claiming compensation;

(4) The material loss of the victim was caused by the defendant's criminal act;

(5) It is within the scope of the people's court's acceptance of attached civil litigation.

In criminal cases, if the victim suffers material damage as a result of the criminal act, he or she may file an incidental civil action. However, if it is to claim moral damages, the court will not accept it.