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Although the family was killed 30 years ago, as long as it is determined that the suspect is **, the family can claim moral compensation.
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As long as the court accepts the case, it is possible to apply for moral damages.
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Go directly to court to solve it, this kind of harmful person must be severely punished, so that he can taste the consequences of harming, as for moral compensation, then there must be a legal basis, find a lawyer to consult, or ask the judge.
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Let's see if the time limit for prosecution has been exceeded, and how the national law stipulates how to make moral compensation if the suspect is caught, if you want to pay compensation, it is better to hire a lawyer to be more professional.
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It's hard. Paragraph 2 of Article 1 of the Provisions of the Supreme People's Court on Issues Concerning the Scope of Civil Litigation Attached to Criminal Cases (Fa Shi [2000] No. 47) stipulates that "the people's court shall not accept an attached civil lawsuit filed by the victim for mental damage suffered as a result of the criminal act"; The Reply of the Supreme People's Court on the Issue of Whether the People's Court Accepts a Civil Lawsuit for Compensation for Moral Damages Filed by a Victim in a Criminal Case (Fa Shi [2002] No. 17) further stipulates that "the people's court shall not accept an attached civil lawsuit filed by a victim of a criminal case for mental loss due to the defendant's criminal acts, or if the victim files a separate civil lawsuit for compensation for moral damages after the conclusion of the criminal case"; The second paragraph of Article 138 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China (Fa Shi [2012] No. 21), which came into effect on January 1, 2013, provides that "the people's court shall not accept a civil lawsuit attached to it or a separate civil lawsuit for compensation for moral losses due to a criminal violation".
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It should be possible to ask for moral compensation. You can go to the public security organ or the relevant department to re-prosecute, so that the offender can get the punishment he deserves! After many years, it should be troublesome, but it should have results!
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Hello Criminal Cases There are no moral damages fees.
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Yes, and there must be compensation for the offender, and the court will support it.
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If his family had given you moral compensation 30 years ago, you probably didn't, and if there was no compensation, you could ask for it.
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According to the laws of the country, it is possible to apply for moral compensation, and you can apply to the judge in court, and the judge will support it.
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In this case, the statute of limitations should have passed, so it is not allowed.
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Hello, if there was no lawsuit for compensation at that time, now it is generally past the statute of limitations.
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This is a civil lawsuit attached to a criminal case, and the statute of limitations for civil action is statute of limitations. The statute of limitations for civil action is 2 years.
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No, because the criminal suspect is already an adult and has his own ability to control, unlike when he was a minor, he is a person with limited ability, then if he commits a crime, he needs joint and several compensation from his legal guardian. He is now an adult, and if he commits a crime, he is responsible for it, and his parents have no right to help pay compensation.
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Legally, the family is not obliged to bear the liability for criminal and civil compensation for the suspect. However, since compensation for losses is a discretionary mitigating circumstance, family members generally actively compensate the victim for their losses based on their actual economic situation. Of course, this compensation is also due to the victims.
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Since they are already adults but do not have independent financial means, they can ask their parents to compensate accordingly.
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Article 232 of the Criminal Law of the People's Republic of China stipulates: Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.
The crime of intentional homicide is committed by the perpetrator, and as long as the perpetrator commits the act of intentional homicide, it constitutes the crime of intentional homicide. Since the right to life is the most basic and important right in a citizen's personal right, no matter whether the victim is actually killed or not, and regardless of the stage at which the murder is in the preparation, attempt, or suspension of an intentional crime, it constitutes a crime and should be filed and investigated.
Article 232:Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.
Article 238:Whoever illegally detains another person or unlawfully deprives another person of his or her personal liberty by other means shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights.
Where there are circumstances of beating or insulting, a heavier punishment is to be given.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and where death is caused, the sentence is to be 10 or more years imprisonment. Where violence is used to cause injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law.
Where others are illegally seized or detained for the purpose of collecting debts, punishment is to be given in accordance with the provisions of the preceding two paragraphs.
Where employees of state organs abuse their authority to commit the crimes in the preceding three paragraphs, they are to be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.
Article 247:Where judicial personnel extort confessions by torture or use violence to extract testimony from witnesses against criminal suspects or defendants, they are sentenced to up to three years imprisonment or short-term detention. and where a person is injured or killed, it is to be convicted and given a heavier punishment in accordance with the provisions of articles 234 and 232 of this Law.
Article 248:Where the supervisors of prisons, detention centers, detention centers, or other regulatory institutions beat or physically punish or abuse persons under supervision, and the circumstances are serious, they are to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are especially serious, the sentence is between three and ten years imprisonment.
Where supervisors instruct persons under supervision to beat or physically punish or abuse other persons in custody, punishment is to be given in accordance with the provisions of the preceding paragraph.
Article 289:Where a crowd is assembled to "smash and loot", causing injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law. Where public or private property is destroyed or stolen, in addition to an order for restitution, the ringleaders are to be convicted and punished in accordance with the provisions of article 263 of this Law.
Article 292:Where a crowd is assembled to fight, causing serious injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law.
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To pay compensation, you can't just bear criminal responsibility, of course, the suspect is only liable for compensation for personal property, and the family is also allowed to take the initiative to compensate.
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Not only do you have to lose money, but if you constitute a crime, you must be held criminally responsible, and even jail time is inevitable!
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To compensate, criminal cases are attached to civil lawsuits.
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Of course, we have to compensate, and we have to bear the corresponding legal responsibility.
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The few people upstairs just talked about the criminal and civil lawsuits.
First of all, if it is said that it is a homicide, its behavior has violated the provisions of China's criminal law, and it is not only the interests of the victim that is endangered, but the legal interests of the entire public state.
Therefore, criminal proceedings must be instituted against them by the prosecuting authority. What about the victim's family who is required to bear criminal responsibility? It is necessary to compensate for its losses, but the procuratorate has initiated a public prosecution and cannot compensate the victim's losses, so we have the victim initiating a civil lawsuit attached to the criminal case.
In civil litigation, the perpetrator is required to compensate the victim for the losses caused to the victim by his harmful act in accordance with the Tort Liability Law and other laws.
If the perpetrator dies, the heirs of the offender will compensate him/her. Rather than simply saying that it is compensated by their relatives.
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Article 120 of the Criminal Procedure Law Procedures for interrogation.
When investigators interrogate a criminal suspect, they shall first interrogate the criminal suspect whether he has committed a crime, ask him to state the circumstances of his guilt or the defense of his innocence, and then ask him questions. Criminal suspects shall truthfully answer investigators' questions. However, they have the right to refuse to answer questions that are not relevant to the case.
When investigators interrogate criminal suspects, they shall inform them of their procedural rights, and provide for leniency if they truthfully confess their crimes, and the legal provisions on admitting guilt and accepting punishment.
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It may not be determined to be intentional homicide, but depending on the subjective aspect of the crime, it may constitute the crime of intentional homicide, the crime of causing death by negligence, or the crime of intentional injury.
With regard to compensation, the judicial interpretation of the Supreme Court applies.
Article 232 of the Criminal Law [Intentional Homicide] Whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.
Article 233 of the Criminal Law [Crime of Causing Death by Negligence] Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.
Article 234 of the Criminal Law [Crime of Intentional Injury] Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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It's been so long, intentional injury, murder, and escape are very serious, and the family now mainly wants to pay how much to pay, and this is clear, and the court is also asking about the handling of the case, and the prisoner's ability to compensate can be negotiated privately.
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According to your account, intentional murderers can be sentenced to life imprisonment: without signing a criminal forgiveness.
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Compensation to negotiate, kill and run should be shot.
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1. In this case, two crimes may be suspected. One is intentional homicide, which is punishable by death, life imprisonment, or fixed-term imprisonment of not less than 10 years; The other crime is intentional injury, which shall be punishable by fixed-term imprisonment of not less than 10 years, life imprisonment or death. Note that the order of conviction and sentencing is not the same.
2. If there is no letter of understanding, the punishment cannot be mitigated.
3. Compensation shall be made for ** expenses, death compensation, funeral expenses, and spiritual solace.
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It should be determined based on the circumstances of the crime, subjective malice, admission of guilt and expressions of remorse, and in accordance with the provisions of the Criminal Law, the crime of intentional homicide shall be punished by death or life imprisonment. But after such a long time in this case, it is difficult to impose the death penalty unless the subjective malice is very strong and the social influence is greater.
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1. Sentencing shall be subject to the court's judgment, and the court will make a judgment based on the actual circumstances of the crime 2. The letter of understanding will indeed affect the sentencing of the criminal suspect, and if the victim or his close relatives refuse to sign it, it will be deemed that the suspect has not been forgiven.
3. Regarding compensation: If a person with full capacity for civil conduct commits a crime personally, all his or her personal lawful property shall be used as the basis for compensation, and the court will make a judgment to compensate the victim for losses in accordance with the law. However, if the suspect himself does not have enough property to carry out the execution, then in other cases, except for the death sentence, the court's judgment according to law is actually a dead letter.
In the usual letter of understanding, the suspect's relatives and friends are willing to compensate on behalf of the suspect, but the victim is asked to forgive the suspect so that the suspect's sentence is reduced, which can also be regarded as a kind of settlement.
To sum up: how long the sentence is, the court sentences it in accordance with the law, and no one can determine the sentence; As for compensation and understanding, under normal circumstances, the amount of compensation has nothing to do with the letter of understanding, but whether the compensation can be implemented is usually linked to the letter of understanding, especially the suspect's own lack of ability to pay.
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Suspicion of intentional homicide, unlawful deprivation of another person's life, is a very serious criminal offense. It is also possible to impose a death sentence with a two-year reprieve.
However, there is still a lot of room for defense in this case, and it is very likely that the crime of intentional homicide will not be constituted. Therefore, it is best to consult a lawyer in person and get reasonable and appropriate financial compensation, which is the most real.
It is hoped that after many years, the close relatives of the victims will be able to let go of their grief and hatred, and the ** person will eventually receive the due punishment and bear the corresponding civil liability. However, for the close relatives of the victims, it is necessary to face them rationally and make rational choices.
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Because the suspect built more than the house, encroaching on the interests of the victim
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Intentional homicide is a very serious crime and is often punishable by death immediately if it was before the year 2000. With the development of society, in recent years, there have been relatively few sentences of immediate execution, but there are still many cases in which the death penalty is imposed for immediate execution.
As for the criminal understanding, it is considered as a discretionary mitigating circumstance in criminal cases. Under normal circumstances, if a letter of understanding is signed and the victim's family is forgiven, the judge will consider an appropriate lenient punishment. But intentional homicide is, after all, a very serious crime, and the main factor to be considered by judges in sentencing is whether the victim was killed.
What was the reason and motive for the killing? Isn't the murder a very bad thing? Isn't the killing method cruel?
Is the social impact significant? Wait a minute. In other words, the signing of the letter of understanding, although a consideration for a lighter sentence, is not the main consideration for sentencing.
Therefore, if the victim's death is caused, the sentence should be at least life imprisonment.
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