What if a criminal case asks for compensation and the offender has no money to compensate?

If there is no money to compensate, and the victim does not issue a letter of understanding and there are no mitigating circumstances, the victim may apply to the court for compulsory enforcement of the compensation after the judgment in the attached civil lawsuit. Thank you.

If there is no compensation, then it will not be possible to obtain the understanding of the other party, and in the end, the judgment can only be made in accordance with the law. If you can compensate the other party, then you can get the other party's forgiveness, and you will be given a lenient punishment when sentencing.

Legally speaking, this is a civil lawsuit attached to a criminal lawsuit, in this case, you can only wait for the other party to apply to the court for enforcement when you have property.

The plaintiff in the attached civil lawsuit may apply for compulsory enforcement, and may inquire, freeze, or transfer the deposit of the person subject to the application for enforcement; Compulsory measures such as seizure, auction, or sale of the property of the person subject to the application for enforcement. If the creditor is still unable to repay after taking the above measures, if the creditor discovers that the person subject to enforcement has other property, it may request the people's court for enforcement at any time. It is also possible to reach an agreement with the plaintiff to defer the repayment.

Apply for compulsory enforcement, how many are still as many, and then check whether there is any malicious transfer of assets.

If he is temporarily unable to repay, he will be asked to pay compensation when he finds out that he has money, and he will apply for compulsory enforcement.

Permanently unable to repay. Settlement can only be made in respect of the debtor's personal existing property.

After the verdict takes effect, it will be transferred to the Executive Directorate for enforcement, and then he has no money now, and when he is released from prison, he will have money to enforce it.

If the criminal is unable to bear the civil compensation, he can apply for compulsory enforcement first, and let him pay it back slowly after the criminal is released from prison after completing his sentence!

If the defendant is unable to afford compensation, there is nothing he can do but impose a heavier sentence or limit the commutation of the sentence.

If the offender does not have the money to compensate, it can be seen whether he has real estate in his name, in short, as long as it belongs to him, it can be used for compensation.

In a criminal case, if you ask for compensation for the offender and have no money to compensate, you can request the case-handling unit to assist you in applying for national judicial assistance.

What should I do if the criminal case asks for compensation and the offender has no money to compensate, and if there is no money for compensation, there is no way to ask him for money, and he has no money.

Hello, as you mentioned, this situation can only be left to the offender to serve the sentence, or there will be no leniency at the time of sentencing.

The objective aspect of a crime refers to the specific manifestations of a criminal act. For example, when committing the crime of fraud, the offender has the act of fabricating facts and deceiving others, and the crime of drug trafficking has the act of selling drugs, and so on. How much does it cost to hire a lawyer for a criminal case?

It depends on the fees charged by the law firm.

The subjective aspect of crime refers to the state of mind that the subject of the crime has about the criminal act and the results of the criminal act he or she has committed. There are two kinds of mental states in the subjective aspect of crime, namely intent and negligence. For example, in the case of a crime, the offender wants to steal other people's property as his own; The crime of intentional injury is committed in which the offender wishes to cause bodily harm to another person.

How much does it cost to hire a lawyer for a criminal case? It depends on the fees charged by the law firm.

In addition, if a civil compensation agreement can be reached, the victim and his family will be asked to issue a letter of understanding for criminal cases, and what can lawyers do when the case reaches the court stage, and what can lawyers do when the case reaches the court stage, and Article 99 of the Criminal Law attached to civil cases will play a vital role in the conviction and sentencing of the defendant. Therefore, the right of a lawyer at the prosecution stage of a criminal case is the lawyer's right. A criminal case is divided into several stages, depending on whether the criminal case needs to be finally investigated for criminal responsibility, as follows:

1. Criminal cases with insufficient evidence usually only have the stage of filing and investigation by the public security organs, or one more procuratorate to review.

How much does a criminal case lawyer cost. The lawyer's fee for criminal proceedings should be analyzed from the following aspects: First, the legal documents and materials required for handling criminal cases.

When a lawyer handles a criminal case, he or she must meet the following conditions before he can apply to the people's court for a criminal case. Lawyers' ** public prosecution cases shall have a proactive, enthusiastic, and thoughtful service attitude, and be full of energy, sincerity, and sufficient time limits for handling. The second is the right to request.

In addition to this condition, a lawyer must also have a certain right to make a request in a public prosecution case.

If there is no compensation, the compensation may be written in the judgment first, and then the judgment will be used as the basis, and when the offender has money, compensation will be made according to the judgment.

This problem is really realistic, there is no money to lose, only the execution of the end.

There are many such criminals, just because they are poor and destitute, they rob and steal and kill people, anyway, after all the rotten lives are arrested, the court sentenced him to pay 100,000 200,000 yuan, he has not a dime, what can be done?

There is too much helplessness in this world.

In a criminal case, you can apply for state justice if you do not have the money to compensate the suspect.

See if there are any other properties, and if there is a court that will auction them.

That's no way, pull it down, everyone is in jail, who will accompany you for money.

If the offender has no money to pay compensation, he can apply for compensation in installments. The criminal liability of the offender does not exempt him from the obligation of civil compensation, and the lack of money compensation is not a statutory ground for exemption. According to the relevant laws and regulations, if the debt is temporarily unable to be repaid, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court.

and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment. The date, amount, place, method and other conditions for repayment of compulsory repayment of public debts must be carried out in accordance with the provisions of the law or contract, and the state may not freely change them.

Civil Procedure Law of the People's Republic of China

Article 221.

If the creditor requests the debtor to pay money or valuables, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order:

1) The creditor and the debtor have no other debt disputes;

2) The payment order can be served on the debtor.

The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.

Legal Analysis: The criminal liability of the criminal does not exempt the criminal from the obligation of civil compensation, and the lack of money compensation is not a statutory reason for exemption. It is certain that the debtor will have to repay the debt.

In practice, there are two different situations in which a debtor is unable to repay: one is a temporary insolvency. The other is permanent insolvency.

In the case of permanent insolvency, the debtor's personal existing property can only be satisfied.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 238:Where one party fails to perform on a creditor's rights document to which the notary public has given compulsory enforcement effect in accordance with law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court receiving the application shall enforce it. If there is a mistake in the notarized creditor's rights document, the people's court shall rule not to enforce it, and send the ruling to both parties and the notary public.

Article 232:Where a citizen who is a person subject to enforcement dies, his estate is to be used to repay debts. Where a legal person or other organization that is the person subject to enforcement is terminated, the successor of its rights and obligations is to perform its obligations.

Summary. According to article 244 of the Civil Procedure Law of the People's Republic of China, if the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction or sell the part of the property that the person subject to enforcement shall perform the obligations of. If the defendant does not compensate for the effective judgment of the court, even if the defendant has no money to pay now, it is best to apply to the court for compulsory enforcement, because according to article 239 of the Civil Procedure Law of the People's Republic of China, the period for applying for enforcement is two years.

After two years, the court will not accept it. After applying for enforcement, at any time it is found that the person subject to enforcement has property that can be used for enforcement, he may provide clues to the court and request the court to enforce it. I hope mine can be helpful to you, thank you for your advice, thank you,.

What if a criminal case asks for compensation and the offender has no money to compensate?

Hello! We'd be happy to be able to answer for you. According to article 244 of the Civil Procedure Law of the People's Republic of China, if the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction or sell the part of the property that the person subject to enforcement shall perform the obligations of.

If the defendant does not compensate for the effective judgment of the court, even if the defendant has no money to pay the stool, it is best to apply to the court for compulsory enforcement, because according to article 239 of the Civil Procedure Law of the People's Republic of China, the period for applying for enforcement is two years. After two years, the court will not accept it. After applying for enforcement, any time it is found that the person subject to enforcement has property that can be used for enforcement, he can provide clues to the court and request the court to enforce it.

I hope mine can be helpful to you, thank you for your advice, thank you,.

Legal basis: Article 239 of the "Someng Civil Procedure Law of the People's Republic of China" applies for enforcement within two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law.

The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect. Article 244 of the "Civil Procedure Law of the People's Republic of China" provides that if the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the daily necessities of the person subject to enforcement and the family members he or she supports shall be retained.

The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

If the other party has no property, he is willing to pay it back slowly after he comes out of prison, and we don't want to have any impact.

Imprisonment is a criminal liability, and repayment of debts is a civil liability. Civil liability and criminal liability are two different types of legal liability, and they do not affect each other. Imprisonment is criminal liability, not exemption from civil liability.

After being released from prison, if you have the ability to repay it quickly, you need to repay the debts you owe.

The impact is nothing, but the two are not contradictory.

Okay, thank you.

A criminal suspect, also known as a suspect, a suspect, or a suspect, refers to the designation of a person who has been criminally prosecuted for a suspected crime before the procuratorate formally prosecutes him or her to the court. So what should I do if the suspect has no money to repay, the following is the corresponding answer for your reference and learning, I hope the following will help you.

1. What should I do if the criminal suspect has no money to repay?

If the criminal suspect has enforceable property in his name, he can apply to the court for compulsory enforcement, and if there is no enforceable property in his name, he can wait for the criminal suspect to repay the debt after serving his sentence.

According to the provisions of the Criminal Procedure Law of our country.

Article 101:Where victims suffer material losses as a result of the defendant's criminal conduct, they have the right to raise an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to raise an attached civil lawsuit.

If state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.

Article 102:When necessary, people's courts may employ preservation measures to seal, seize, or freeze the defendant's assets. The plaintiff or the people's procuratorate in an attached civil lawsuit may apply to the people's court to adopt preservation measures. The relevant provisions of the Civil Procedure Law are to be applied to the people's courts employing preservation measures.

Article 103:People's courts hearing attached civil litigation cases may conduct mediation or make a judgment or ruling based on the circumstances of the material damages.

2. How long does it take for the suspect to return the money after he is caught

If the report is timely and the defrauded funds have not been transferred by the criminal suspect, the public security organs will immediately intercept the funds, and enter the fund return procedure after the interception is successful, generally 3 to 6 months.

If the funds involved in the case have been transferred, whether they can be recovered depends on the investigation of the case, and once the case is cracked, the judicial authorities will return the stolen goods to the victim according to the recovery situation.

Article 64 of the Criminal Law of the People's Republic of China [Disposal of Criminal Items] All property illegally obtained by criminals shall be recovered or ordered to be returned; The victim's lawful property shall be promptly returned; Contraband and personal property used in the crime shall be confiscated.

All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of on their own.

It can be seen that the relevant laws of our country clearly stipulate that if the victim suffers material losses due to the defendant's criminal acts, he has the right to file an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to raise an attached civil lawsuit. Readers are welcome to consult if they need help with the law.