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Anonymous users2024-02-07Suspects.
Code of Criminal Procedure
Article 99: Where victims suffer material losses as a result of the defendant's criminal conduct, they have the right to raise attached civil litigation 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.
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Anonymous users2024-02-06The Interpretation of Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China issued by the Supreme People's Court on September 2, 1998 by Fa Shi [1998] No. 23 clearly states:
1) Criminal defendants "citizens, legal persons, and other organizations" and other joint victims who have not been held criminally responsible;
2) The guardian of the juvenile criminal defendant;
(iii) Heirs to the estate of the convict who has been executed;
4) In cases of joint crimes, the heirs of the estate of the defendant who died before the conclusion of the trial;
5) Other units and individuals that shall bear civil liability for the criminal defendant's criminal conduct in accordance with law;
Where an adult defendant in an attached civil lawsuit shall bear responsibility for compensation, it shall be allowed if their relatives voluntarily bear it on their behalf.
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Anonymous users2024-02-05Article 143 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China provides: "Persons liable for compensation in attached civil litigation in accordance with law include: (1) criminal defendants and other joint victims who have not been pursued for criminal responsibility; (2) The guardian of the criminal defendant; (3) the heirs of the criminal offender's estate; (4) In cases of joint crimes, the heirs of the defendant's estate who died before the conclusion of trial; (5) Other units and individuals that shall bear responsibility for compensation for the victims' material losses in accordance with law.
Among them, "other joint victims who have not been pursued for criminal responsibility" refers to persons who jointly commit acts with the defendant that cause the victim to suffer material losses, but do not bear criminal responsibility in accordance with law because they have not reached the age of criminal responsibility and do not have the capacity for criminal responsibility, or who have not been pursued for criminal responsibility in accordance with law because the circumstances of the crime are obviously minor. "Guardian of a criminal defendant" refers to the guardian of a defendant who is a minor or has limited capacity for criminal responsibility. According to the provisions of this interpretation, your son's classmates and their guardians, as well as the helpers hired by the classmates, shall be liable for the loss of your son's medical expenses.
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Anonymous users2024-02-04The Interpretation of the Supreme People's Court on Several Issues Concerning Enforcement issued by the Supreme People's Court on September 2, 1998 in Fa Shi [1998] No. 23 clearly states: Persons liable for compensation in attached civil litigation in accordance with law include: (1) Criminal defendants "citizens, legal persons and other organizations" and other joint victims who have not been pursued for criminal responsibility; 2) The guardian of the juvenile criminal defendant; (iii) Heirs to the estate of the convict who has been executed; 4) In cases of joint crimes, the heirs of the estate of the defendant who died before the conclusion of the trial; (5) Other units and individuals that shall bear civil liability for compensation and compensation in accordance with law for criminal defendants' criminal acts; Where an adult defendant in an attached civil lawsuit shall bear liability for compensation, it shall be allowed if his relatives voluntarily bear the burden on his behalf.
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Anonymous users2024-02-03Answers]: a, c, d, e
This question examines civil litigation attached to criminal cases. Option B should call for the "heirs of the estate" of the convict who has been executed, and Hoyu is not the "custodian of the property".
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Anonymous users2024-02-02Categories: Social, Cultural, >> Law.
Problem description: aOther joint perpetrators who have not been held criminally responsible.
b.The heirs of the estate of the defendant who died before the conclusion of the trial.
c.Spouse or children of a criminal defendant.
d.Units and individuals that shall bear civil liability for the criminal defendant's criminal conduct.
Analysis: cSpouse or children of a criminal defendant.
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Anonymous users2024-02-01Persons with an obligation to compensate in attached civil litigation include: defendants in attached civil litigation, guardians of juvenile criminal defendants, other joint victims who have not been pursued for criminal responsibility, heirs to the estate of convicts who have been executed, heirs to the estate of defendants who have died before the conclusion of trial in joint criminal cases, and other units and individuals that shall bear civil liability for the criminal defendant's criminal conduct in accordance with law.
Legal basis: Article 180 of the Supreme People's Court's Interpretation of the Criminal Procedure Law of the People's Republic of China Article 180 Persons lawfully liable for compensation in attached civil litigation include: (1) Criminal defendants and other joint offenders who have not been pursued for criminal responsibility; (2nd draft) guardian of the criminal defendant; (3) The heirs of the executed convict's estate; (4) In cases of joint crimes, the heirs of the defendant's estate who died before the conclusion of trial; (5) Other units and individuals that shall bear responsibility for compensation for the victims' material losses in accordance with law.
Where the relatives and friends of the defendant in the attached civil lawsuit voluntarily compensate on their behalf, it may be permitted.
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Anonymous users2024-01-31Legal Analysis: The persons liable for compensation in accordance with the law in attached civil litigation include: (1) criminal defendants and other joint infringers who have not been pursued for criminal responsibility; (2) The guardian of the criminal defendant; (3) The heirs of the executed convict's estate; (4) In cases of joint crimes, the heirs of the defendant's estate who died before the conclusion of trial; (5) Other units and individuals that shall bear responsibility for compensation for the victims' material losses in accordance with law.
Where the relatives and friends of the defendant in attached civil litigation voluntarily compensate on their behalf, it shall be permitted.
Legal basis: Judicial Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China and the New Criminal Procedure Law Article 86: Persons lawfully liable for compensation in attached civil litigation include:
1) Criminal defendants "citizens, legal persons, and other organizations" and other joint victims who have not been held criminally responsible;
2) The guardian of the juvenile criminal defendant;
(iii) Heirs to the estate of the convict who has been executed;
4) Joint crimes.
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Anonymous users2024-01-30Persons lawfully liable for compensation in attached civil litigation include: (1) criminal defendants and other joint infringers who have not been pursued for criminal responsibility; (2) The guardian of the criminal defendant; (3) The heirs of the executed convict's estate; (4) In cases of joint crimes, the heirs of the defendant's estate who died before the conclusion of trial; (5) Other units and individuals that shall bear responsibility for compensation for the victims' material losses in accordance with law.
Where the relatives and friends of the defendant in attached civil litigation voluntarily make compensation on their behalf, it shall be permitted.
Article 143 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China on Source Search Persons who are liable for compensation in attached civil litigation include:
1) Criminal defendants and other joint offenders who have not been pursued for criminal responsibility;
(2) The guardian of the criminal defendant;
(3) The heirs of the executed convict's estate;
(4) In cases of joint crimes, the heirs of the defendant's estate who died before the conclusion of trial;
(5) Other units and individuals that shall bear responsibility for compensation for the victims' material losses in accordance with law.
Where the relatives and friends of the defendant in attached civil litigation voluntarily compensate on their behalf, it shall be permitted.
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
Definition of the object of proof in civil litigation: The object of proof, also known as the object of proof, refers to the fact that the subject of proof uses certain methods of proof to prove the essential facts determined by the substantive legal norms that are disputed between the parties. The object of proof in civil litigation refers to the facts of the case proved by the people's court and the litigation participants using evidence. >>>More
First, the people's court decides on a retrial case ex officio. Including: cases submitted by the presidents of all levels of people's court to the adjudication committee for discussion and decision on retrial; The Supreme People's Court decides to bring cases to trial or order a lower people's court to retry a judgment or ruling of a local people's court at any level that has already taken legal effect, or a higher people's court to a judgment or ruling of a lower people's court that has already taken legal effect. >>>More
"Litigation property preservation" refers to a system where, in civil litigation, the people's court adopts temporary compulsory measures against the relevant property disputed by the parties on the basis of the parties' application or the people's court's ex officio decision in order to ensure that future judgments can be realized. Fee standards for litigation preservation cases: 1. If the amount or value of the property to be preserved is less than 1,000 yuan, 30 yuan shall be paid for each case; 2. The part exceeding 1,000 yuan to 100,000 yuan shall be paid at 1%; 3. The part exceeding 100,000 yuan shall be paid; The fee to be paid by the parties applying for preservation measures shall not exceed 5,000 yuan. >>>More
1. To determine the competent court, it is necessary to go to the people's court at the place where the decedent is domiciled or where the main estate is located at the time of death; 2. Collect the death certificate of the decedent, the certificate of kinship between the plaintiff and the decedent, and the certificate of real estate; 3. Organize litigation materials such as complaints; 4. File a case with the competent court and pay the prosecution fee. If it is a defendant: After receiving the litigation materials of the plaintiff's lawsuit, it will first examine whether the court to which the lawsuit is filed has jurisdiction, whether it is necessary to raise a jurisdictional objection, and if it confirms that it has jurisdiction, it will submit a defense opinion against the plaintiff's claim and the facts and reasons on which it is based. >>>More