What should I do if he doesn t pay for civil compensation in a criminal case? 5

Hello. 1. Where compensation is refused before the case is decided, the court will consider it as a sentencing circumstance for a heavier sentence;

2. After the judgment of the case takes effect, if the person refuses to pay compensation, he may apply to the court for compulsory enforcement.

Legal Analysis] If the civil compensation is not compensated, the compensation can be negotiated to demand compensation, if the agreement cannot be reached through negotiation, the victim can sue the court for compensation, and the court can request compulsory enforcement according to the actual situation, and civil compensation is a civil liability caused by infringement between equal civil subjects. The subject of civil liability, the nature of the liability, the applicable compensation principles, the standards and procedures are different from the state compensation in the national legal compensation system, and the tortious acts committed by the staff of state organs in the capacity of civil subjects are civil torts, and the resulting liability is civil liability. If civil compensation is not compensated, it is an infringement of the rights and interests of others, which can be dealt with through legal means, and if the civil compensation matters between the parties can reach an agreement, then it is also valid.

The law is based on the evidence].

Article 236 of the Civil Procedure Law of the People's Republic of China: Parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

The ways to deal with non-compensation in criminal cases are: 1. If the plaintiff has the ability to compensate but conceals the property, the plaintiff may apply to the court to investigate the defendant's property, and after discovering the property, request the Fa Nian Bridge Court to enforce the defendant's property; 2. If it is really unable to repay, it can negotiate to pay off the compensation in installments; 3. If there is no ability to work and production difficulties and cannot be repaid, the court may terminate the compensation case.

The Code of Criminal Procedure is very hungry.

Article 104.

Attached civil litigation shall be tried together with criminal cases, and only in order to prevent excessive delay in the trial of criminal cases may the same trial organization continue to hear attached civil litigation after the trial of a criminal case.

Code of Criminal Procedure

Article 101.

Where the victim suffers material losses as a result of the defendant's criminal conduct, he has the right to initiate an attached civil lawsuit 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.

If the parties to a criminal case do not make compensation, the handling method is: if they have the ability to compensate but conceal their property, the plaintiff may apply to the court to investigate the defendant's property, and after discovering the property, request the court to enforce the defendant's property; if it is truly unable to repay, it may negotiate to pay off the compensation in installments; If the person who is unable to work or has difficulty in production cannot repay, the court may terminate the compensation case.

1. What should I do if I am civilly sued to repay my debts while serving my sentence.

If the debtor is sued for recovery while serving his sentence, it is a civil case and will not affect his or her sentence in a criminal case. After the plaintiff wins the lawsuit, it may apply to the court for compulsory enforcement, seal, freeze, or transfer the security deposit of the person who is applying for enforcement, and seize, auction, or sell the property of the person who is applying for enforcement. When the creditor discovers that the person subject to enforcement has other property, it may request the people's court to enforce the law.

According to Article 119 of the Civil Procedure Law of the People's Republic of China, a lawsuit must meet the condition that the plaintiff is a citizen, legal person or other organization with a direct interest in the case.

2. What to do if the debtor is unable to repay.

If the debtor is unable to repay, the debtor can solve the problem in the following ways: 1. If the debtor is unable to repay in installments after consultation between the two parties or the court ruling, the debtor shall pay in installments; 2. If the debtor is really unable to repay, it can be repaid with the debtor's existing property. If the debtor has the ability but does not repay, it can be enforced by the court.

Due to the cumbersome litigation procedures, there are also situations where property is transferred or the debtor is unable to repay, so it is necessary to be as cautious as possible in borrowing money from others.

3. Whether the court enforces whether the person subject to enforcement is detained if he has no money.

The court enforces that the person subject to enforcement has no money and will not be detained under normal circumstances. The legal provisions for the debtor's insolvency are:

1. Permanent insolvency refers to the complete inability to repay debts, such as the bankruptcy of the enterprise, and all the property is insufficient to repay the debts. If this is the case, there is no other solution but to repay the debt through the debtor's mortgage or the confiscation of existing property. Debts should be discharged;

2. If the debtor is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court;

3. Where they have the ability to repay and refuse to repay, the people's court shall make a judgment to compel repayment.

Article 102 of the Criminal Procedure Law of the People's Republic of China.

When necessary, the people's courts may employ preservation measures to seal, seize, or freeze the defendant's assets. The plaintiff or the people's procuratorate in an attached civil lawsuit may apply to the people's court to adopt preservation measures. The relevant provisions of the Civil Procedure Law are to be applied to the people's courts employing preservation measures.

Legal analysis: The ways to deal with non-compensation in criminal cases are: 1. If the plaintiff has the ability to compensate but conceals the property of the plaintiff, the plaintiff may apply to the court to investigate the defendant's property, and after discovering the property, request the court to enforce the defendant's property; 2. If it is truly unable to repay, it may negotiate to pay off the compensation in installments; 3. If there is no ability to work and production difficulties and cannot be repaid, the court may terminate the compensation case.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 102: When necessary, people's courts may employ preservation measures to seal, seize, or freeze the defendant's assets. The plaintiff or the people's procuratorate in an attached civil lawsuit may apply to the civil court to take preservation measures.

The relevant provisions of the Civil Procedure Law are to be applied to the people's courts employing preservation measures.

Legal analysis: If the other party does not take the initiative to compensate, and suffers material losses due to the violation of personal rights or property is destroyed by criminals, it can file a criminal case for civil compensation, and if the amount already determined by the court's legal documents is not compensated, it can apply to the court for compulsory enforcement. In accordance with legally-prescribed procedures, the people's courts are to compel the civil obligor to complete the obligations they have undertaken on the basis of the clear and specific enforcement content of the legally effective document.

Legal basis: Article 224 of the Civil Procedure Law of the People's Republic of China Article 224 The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, shall be enforced by the people's court of first instance or the people's court at the same level as the people's court of first instance where the property subject to enforcement is located.

For other legal documents that are to be enforced by the people's courts, Sun Lao shall be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.