Procedures for criminal compensation, procedures for criminal compensation

Legal analysis: The criminal compensation procedures are as follows: 1. The compensation claimant shall first submit a request for compensation to the organ with the obligation to compensate.

2. The organ with the obligation to compensate shall make a decision on whether or not to compensate within two months from the date of receipt of the application. When making a compensation decision, the organ with the obligation to compensate shall fully hear the opinions of the claimant for compensation, and may negotiate with the claimant on the method, items, and amount of compensation in accordance with provisions. Where the organ with the obligation to compensate decides on compensation, it shall draft a written decision on compensation and send it to the person requesting compensation within 10 days of making the decision.

Legal basis: State Compensation Law of the People's Republic of China

Article 22: Where the organ with the obligation to compensate has any of the circumstances provided for in articles 17 and 18 of this Law, it shall give compensation. If the claimant for compensation requests compensation, he or she shall first submit it to the organ with the obligation to compensate. The provisions of Articles 11 and 12 of this Law apply to the claimant for compensation submitting a request for compensation.

Article 23: The organ with the obligation to compensate shall, within two months from the date of receipt of the application, make a decision on whether or not to compensate. When making a compensation decision, the organ with the obligation to compensate shall fully hear the opinions of the claimant for compensation, and may negotiate with the claimant on the method, items, and amount of compensation in accordance with the provisions of Chapter IV of this Law. Where the organ with the obligation to compensate decides on compensation, it shall draft a written compensation decision and send it to the person requesting compensation within 10 days of making the decision.

Where the organ with the obligation to compensate decides not to pay compensation for this hardship, it shall notify the person requesting compensation in writing within 10 days of making the decision, and explain the reasons for not giving compensation.

Steps of the criminal compensation procedure: When an aggrieved party applies for criminal compensation, it shall first determine the organ with the obligation to pay compensation and submit an application for compensation in accordance with the provisions of the Law on State Compensation. After receiving the application for compensation, the organ with the obligation to compensate shall examine it, and if the decision on compensation is made through the review, it shall compensate the parties.

[Legal basis].

Article 12 of the State Compensation Law of the People's Republic of China.

An application shall be submitted to demand compensation, and the application shall indicate the following matters:

1) The victim's name, gender, age, workplace, and domicile, as well as the name and address of the legal person or other organization, and the name and position of the legal representative or principal responsible person;

2) the specific requirements, factual basis and justification;

3) The year, month, and day of application.

Where the claimant for compensation has real difficulty in writing the application, he or she may entrust another person to write on his behalf; It may also be applied orally, and the organ with the obligation to compensate will record it in the record.

Where the person requesting compensation is not the victim himself, the relationship with the victim shall be explained and corresponding proof shall be provided.

Where the claimant for compensation submits the application in person, the organ with the obligation to compensate shall issue a written certificate on the spot affixed with the special seal of the administrative organ and indicating the date of receipt. Where the application materials are incomplete, the organ with the obligation to compensate shall inform the claimant of all the contents that need to be supplemented and corrected on the spot or at one time within 5 days.