Compensation for the death of a three year old child for the crime of accidental death

Updated on society 2024-05-03
2 answers
  1. Anonymous users2024-02-08

    1. The victim of negligent death shall be compensated;

    2. Where the criminal conduct causes personal injury to the victim, compensation shall be made for reasonable expenses such as medical expenses, nursing expenses, and transportation expenses, as well as for the loss of income due to lost work, resulting in the death of the victim, funeral expenses and other expenses shall also be compensated.

    3. Legal basis:

    1) Criminal Law (1997 revision) Article 233 [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.

    2) Article 155 of the "Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China" When making a judgment in an attached civil lawsuit, the amount of compensation that the defendant shall pay shall be determined on the basis of the material losses caused by the criminal act and in consideration of the specific circumstances of the case.

    Where the criminal conduct causes personal injury to the victim, compensation shall be made for reasonable expenses such as medical expenses, nursing expenses, and transportation expenses, as well as the loss of income due to lost work. where the victim's disability is caused, compensation shall also be made for expenses such as the cost of living aids for the disabled; Where the victim's death is caused, compensation shall also be made for funeral expenses and other expenses.

    If driving a motor vehicle causes a person or causes major damage to public or private property, constituting a crime, the liability for compensation shall be determined in accordance with the provisions of Article 76 of the Road Traffic Safety Law of the People's Republic of China.

    Where parties to attached civil litigation reach a mediation or settlement agreement on the issue of civil compensation, the scope and amount of compensation are not subject to the restrictions provided for in paragraphs 2 and 3.

  2. Anonymous users2024-02-07

    1. Death compensation: Article 29 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 stipulates that: "Death compensation shall be calculated over a period of 20 years in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed.

    However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. ”

    2. General Principles of the Civil Law of the People's Republic of China; The first paragraph of Article 9 of the Opinions on Several Issues (for Trial Implementation) stipulates: "The place where a citizen has left his or her place of residence for more than one year after the last continuous residence is the place of habitual residence. However, those who are hospitalized for treatment are not excluded. ”

    3. Funeral expenses: Article 27 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 stipulates that "funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months. ”

    4. Solatium for moral damages: Paragraph 2 of Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts: "Where mental damage is caused by infringement and serious consequences are caused, the people's court may, in addition to ordering the infringer to bear civil liabilities such as stopping the infringement, restoring reputation, eliminating the impact, and making a formal apology, order the infringer to compensate the corresponding solatium for moral damages at the request of the victim. ”

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