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When appealing, the litigation fee is paid in advance by the party appealing, and generally the court of first instance will give you one from the provincial court, and you can directly put the money into this, and then take the receipt and hand over the appeal petition and other things to the court of first instance and wait for the notice of the provincial high court.
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"Civil litigation attached to criminal cases" refers to litigation in which the people's procuratorate and citizens and legal persons with the right to claim compensation for material losses caused by the defendant's criminal conduct submit incidental demands to the relevant civil responsible persons to compensate for economic losses while the public security and judicial organs pursue the defendant's criminal responsibility in accordance with law. Abbreviated as Incidental Civil Action. Paragraph 1 of Article 77 of the Code of Criminal Procedure stipulates that "if the victim suffers material losses as a result of the defendant's criminal acts, he or she shall have the right to initiate an attached civil lawsuit in criminal proceedings."
Paragraph 2 of this article stipulates that "if state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution." The above two paragraphs stipulate the time at which an attached civil lawsuit may be initiated, namely: (1) where the state or collective property suffers economic losses, the people's procuratorate may also file an attached civil lawsuit to demand compensation from the defendant when initiating a public prosecution.
In this regard, the time limit for initiating an attached civil lawsuit should be more specific. (2) If an ordinary citizen suffers economic losses, then he has the right to file an attached civil lawsuit in the "criminal proceedings." Criminal proceedings refer to the beginning of the case filing.
Therefore, as long as a case is filed, the victim can file an attached civil lawsuit to demand compensation from the criminal suspect. In practice, before the court hears the case, or even before the court accepts it, the public security organs and procuratorial organs can also mediate on this issue and mobilize the criminal suspect to compensate part of the matter first. In some cases, mediation is resolved, and there is no dispute between the victim and the defendant, and when the case is accepted by the court, the civil part can no longer be handled.
The court will only conduct mediation or judgment if the public security or procuratorate fails to deal with the case, or if no mediation agreement is reached between the defendant and the victim, and the victim continues to demand compensation during the trial. Litigation fees must be paid in lawsuits, which is clearly stipulated by the state. However, not all lawsuits are subject to legal fees.
According to the regulations, no legal fees will be paid in criminal lawsuits. Although civil compensation in criminal proceedings is intended to resolve civil issues, since such compensation is derived from a criminal case, the plaintiff does not pay litigation fees when filing a lawsuit in an incidental civil action derived from a criminal case. Page 1 of 1.
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1. What expenses can be compensated for civil litigation attached to criminal cases.
The compensable expenses of civil litigation attached to criminal cases mainly refer to the compensation costs for material losses suffered by the victim as a result of the criminal act, mainly including compensation for personal injury and compensation for property damage
1.Personal injury compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal allowances, living expenses for dependents, funeral expenses, etc.
2.Compensation for property damage includes the loss of property of natural persons, legal persons or other organizations that have suffered damage as a result of criminal acts, as well as economic losses that are inevitably caused by property damaged by criminal acts, such as repair costs.
2. Time limit for appealing against judgments in civil litigation attached to criminal cases.
The time limit for appealing against a judgment in a civil lawsuit attached to a criminal case is as follows:
1.Where the plaintiff in an attached civil lawsuit in a criminal case is dissatisfied with the judgment in the attached civil lawsuit in the first instance, he may file an appeal within 10 days of receiving the judgment on the second day of his ascension.
2.If the victim and his or her legally-designated person (i.e., the plaintiff in the civil litigation attached to the criminal case) are dissatisfied with the first-instance judgment in the criminal part, they have the right to request that the people's procuratorate raise a prosecutorial counter-appeal within 5 days of receiving the judgment. Within 5 days of receiving the request from the victim and his legally-designated **, the people's procuratorate shall make a decision on whether to raise a prosecutorial counter-appeal and respond to the requester.
3. Who is the plaintiff in the civil lawsuit attached to the criminal case.
"Plaintiffs in attached civil lawsuits" refers to persons who file a claim for compensation in attached civil lawsuits with judicial organs in their own name. In accordance with the provisions of the Criminal Procedure Law and the relevant judicial interpretations of the Eggplant Hall, the following entities have the right to initiate attached civil lawsuits.
1.Citizens who have suffered material damage as a result of a criminal act.
2.Enterprises, public institutions, organs, groups, etc., that have suffered material losses as a result of criminal concealment.
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 ** person may initiate an attached civil lawsuit on their behalf.
4.When the victim dies, his close relatives may file an attached civil lawsuit.
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Legal analysis: Is there a fee for the appeal of the civil lawsuit attached to the criminal case: the civil lawsuit attached to the criminal case does not need to pay the relevant fees, but the victim does not file an attached civil lawsuit in the course of the criminal case proceedings, and if the civil lawsuit is filed separately after the criminal liability trial is completed, the litigation fee needs to be paid in accordance with the fee standard set by the civil law court.
Legal basis: Supreme People's Court Interpretation on Application" Article 162:People's courts hearing attached civil litigation cases do not charge litigation fees.
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Legal Analysis: Is there a fee for the appeal of the civil lawsuit attached to the criminal case: The civil lawsuit attached to the criminal case does not need to pay the relevant fees, but the victim does not file an attached civil lawsuit in the course of the closed criminal case litigation, and if the civil lawsuit is filed separately after the criminal liability trial is completed, the litigation fee needs to be paid according to the fee standard stipulated by the civil court.
Legal basis: Article 162 of the Supreme People's Court's Interpretation of the Criminal Procedure Law of the People's Republic of China on the Trial of Attached Civil Litigation Cases by People's Courts is not to charge litigation fees.
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Legal Analysis: The Court of Appeal for Criminal Cases does not charge a fee. Criminal cases are public prosecution cases, and there is no charge for public prosecution cases. There is no charge for prosecution and appeal of all criminal cases. However, there is a fee for hiring a lawyer.
Legal basis: Article 227 of the Criminal Procedure Law of the People's Republic of China: Defendants, private prosecutors, and their legally-designated persons who are dissatisfied with the judgments or rulings of the first instance of the local people's courts at all levels have the right to appeal to the people's court at the level above in writing or orally. The defendant's defender and close relatives may file an appeal with the defendant's consent.
Parties to attached civil litigation and their legally-designated representatives may appeal the portion of the attached civil litigation in the first-instance judgment or ruling of the local people's court at any level.
The right of appeal of the accused shall not be deprived under any pretext.
Legal 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. >>>More
In fact, there is no need to file an incidental civil lawsuit, although the court does not charge a legal fee. It is recommended that the judge handling the case be contacted in a timely manner to learn about the progress of the case, and that when the court makes a judgment, it will be written in the judgment that "continue to recover the stolen goods that have not yet been returned, and return the victim XX after recovery", listen to the judge's suggestion, and may wait for the results of the recovery (including cash). But in this case, it is often difficult to recover, because if you want to have the money to buy a mobile phone, you will not rob it, and under this premise, whether you wait for recovery or file an attached civil lawsuit, it will be difficult to recover the loss, and I can only regret what happened to you.
Suspects.
Code of Criminal Procedure >>>More
Civil cases refer to disputes between civil subjects with equal legal status, which cannot be resolved through negotiation between the parties, but resort to the judicial organs and request that the judicial organs accept and clarify and define the relevant civil rights and obligations, mainly referring to cases related to property rights and interests, such as contract disputes, property rights disputes, etc., as well as disputes arising from tortious acts, such as beating others and causing minor injuries (if the injuries are serious, it will become a criminal case), as well as cases of marriage and family. For example, liabilities arising from civil relationships (such as contracts, debts, inheritance, marriage, etc.), including compensation, payment, performance, formal apology, etc. Civil liability is the relationship between civil subjects; >>>More
Applicable laws differ. The Civil Code and the Civil Procedure Law are mainly applicable to civil affairs; Administrative laws, regulations and administrative litigation laws are mainly applicable; The burden of proof is different. In civil litigation, whoever asserts the right is responsible for presenting evidence, and the purpose of the litigation is different. >>>More