My child was killed 10 years old , please ask for compensation

This is a supplement to criminal proceedings and compensation in civil proceedings. You can also file a separate civil lawsuit. This amount of the subject matter should be claimed in accordance with the provisions of the Tort Liability Law.

But the key is whether the perpetrator has the money to compensate, and if there is no money to pay, then there is no way. It is only possible to request some relief from the social relief department.

1. Death compensation shall be calculated over a period of 20 years in accordance with the standard of per capita disposable income of urban residents or 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. 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.

3. If there is hospitalization, it also includes medical expenses and nursing expenses during hospitalization.

4. There is no specific standard for solatium for moral damages (there is solatium for moral damages when civil compensation is filed alone, but solatium for moral damages is not supported when a civil lawsuit attached to a criminal case is initiated).

**If you have not been brought to justice, report the case to the public security organs. When the procuratorate initiates a public prosecution, it will ask you for advice, and if you find a lawyer, the lawyer will give you ideas. If you don't find a lawyer (it costs money to find a lawyer), you just say a word:

Do it according to the law". You can also look at similar cases on the Internet for reference, and it is good to have points in your heart. You can also find out the legal provisions.

In a lawsuit, it is not necessary to find a lawyer.

Legal Analysis: Zhinian intentionally killed the child, which is regarded as intentional homicide, and intentionally and unlawfully deprived others of their lives.

where the circumstances are more minor, the sentence is to be between 3 and 10 years imprisonment, and where the circumstances are more serious, the sentence is to be 10 or more years imprisonment, life imprisonment, or the death penalty for assault.

If the circumstances are more serious, and the means of killing are extremely cruel, they shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty.

Legal basis: Article 232 of the Criminal Law of the People's Republic of China 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.

Summary. Hello, it's a pleasure to answer for you. Homicide at the age of 10 is not a crime.

Hello, it's a pleasure to answer for you. Homicide at the age of 10 is not a crime.

Intentional homicide is the act of intentionally and unlawfully depriving another person of his life. Constitutive elements of the crime: Subject:

Persons who have reached the age of 14. Object: The right of citizens to tremble and tremble.

Subjective: Must be intentional. Objective:

The act of murder was committed, which led to the death of the victim and the death of the victim (then Zhidong Yin).

According to the provisions of the Criminal Law, a person who has reached the age of 14 does not bear criminal responsibility. The second article only provides for exemption from criminal responsibility, but it does not mean that a person under the age of 14 can not commit a crime. The so-called crime is an act that violates the provisions of the Criminal Law, should be punished by criminal punishment, and is harmful to society.

Intentional homicide meets the definition of a crime regardless of the age at which it was committed. It's just that China's criminal law exempts minors from criminal responsibility in order to protect, reform, and educate them. Therefore, if a person under the age of 14 intentionally kills a person, it is also a criminal case of intentional homicide, but the crime of intentional homicide cannot be convicted, and the perpetrator does not bear criminal responsibility, and the public security organs are generally sent to work and school.

The exemption from criminal liability here is not the same as exemption from civil liability. The Civil Code in the civil law system provides for compensation for personal assault. Since the infringement was committed by a minor, the civil compensation is borne by the guardian.