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Anonymous users2024-02-07Legal analysis: 1. The civil lawsuit attached to the criminal case shall be filed before the first-instance judgment is pronounced after the criminal case is filed. 2. In general, an attached civil lawsuit shall be filed, clearly stating the circumstances of the parties, the details of the case, and the specific litigation claims, and the corresponding evidence shall be submitted.
Where it is truly difficult to write a complaint, a lawsuit may be filed orally.
Legal basis: Article 101 of the Criminal Procedure Law of the People's Republic of China Where the victim suffers material losses as a result of the defendant's criminal conduct, he or she has the right to initiate 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 it initiates a public prosecution.
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Anonymous users2024-02-06where the victim is an individual, an attached civil lawsuit is directly filed with the people's court; In public prosecution cases, it may also be initiated through the investigating or prosecuting organs during the investigation or prosecution phase. Where state or collective property suffers losses, the legal persons and other organizations that have suffered losses may either directly file an attached civil lawsuit with the people's court, or may also raise it through the investigation or prosecution organ during the investigation or prosecution phase; If the unit that suffered the loss does not file a lawsuit, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.
During the investigation and review for prosecution phases, where a person with the right to initiate an attached civil lawsuit submits a request for compensation to the public security organ or people's procuratorate, and the public security procuratorate has already recorded it in the case file, and after the criminal case is prosecuted, the people's court shall accept it as an attached civil litigation case; Where, after mediation by the public security or procuratorate organs, the parties have reached an agreement and have already made the payment, and the victim insists on initiating an attached civil lawsuit in the people's court, the people's court may also accept it.
1. When to find a lawyer for civil litigation attached to criminal cases.
In the case of criminal and civil cases, the review and prosecution stage can be entrusted, and it is recommended that it be entrusted at the court stage, and the court stage can read the case file.
2. Is it necessary to hire a lawyer for civil litigation attached to criminal cases.
A lawyer has a great role to play in civil litigation attached to a criminal case, and it is best to hire a lawyer. According to the relevant provisions of the Criminal Procedure Law and the Lawyers Law, a criminal lawyer may provide the following legal assistance to the parties in the civil proceedings attached to the criminal case, among which the plaintiff in the attached civil lawsuit may serve as the plaintiff's first litigant
1) The lawyer should write an attached civil complaint for the client, and may suggest that the client file a separate civil lawsuit for the attached civil lawsuit that the people's court decides not to file.
2) Guide and assist the client to collect evidence, investigate, and apply for appraisal.
3) When initiating an attached civil lawsuit, the lawyer may advise or assist the client in applying to the people's court to seize or seal the defendant's property.
4) **The lawyer should pay attention to and inform the client that refusing to appear in court without a legitimate reason after being summoned twice by the people's court, or leaving the court without the permission of the court, will lead to the automatic withdrawal of the lawsuit.
5) **The lawyer should guide the client to participate in the mediation and prepare the mediation plan.
6) If the plaintiff is dissatisfied with the attached civil litigation part of the first-instance judgment or ruling, the lawyer shall assist him in filing an appeal.
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Anonymous users2024-02-05A civil lawsuit attached to a criminal case may be filed under the following circumstances:1Citizens who have suffered material damage as a result of a criminal act.
2.Enterprises, public institutions, government agencies, organizations, etc., that have suffered material losses as a result of criminal acts. 3.
When the victim is an incapacitated person or a person with limited capacity, such as a minor or a mentally ill person, their legal representative may file an attached civil lawsuit on their behalf. 4.When the victim dies, his close relatives may file an attached civil lawsuit.
5.If state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution. The initiation of a civil lawsuit attached to a criminal case shall be initiated after the criminal case is filed, and before the first-instance judgment is announced.
It is also necessary to prepare an indictment. The complaint of the attached civil lawsuit mainly states the basic information of the plaintiff in the attached civil lawsuit and the defendant in the attached civil lawsuit, the plaintiff's litigation claims, facts and reasons, and the evidence in his possession. Since the attached civil lawsuit is initiated in the course of criminal proceedings, and the procuratorate has already initiated a public prosecution of the criminal act, the attached civil complaint shall focus on the circumstances of the defendant's criminal conduct causing material losses to the victim and the relevant evidence.
Legal basis] Article 101 of the Criminal Procedure Law of the People's Republic of China.
Where the victim suffers material losses as a result of the defendant's criminal conduct, in the course of criminal proceedings, he has the right to raise an attached civil lawsuit. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to initiate a civil lawsuit only. If state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.
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