Do you have to lose money when you get out of jail? What happens if you don t have money to pay

If the victim files a civil compensation, he or she must pay money in accordance with the law. If the offender is in prison, he only bears criminal liability, and if there is still civil liability, and the party applies for it, he will still come out after the prison sentence and continue to bear the responsibility, so he may need to continue to pay compensation after the prison. If you really don't have the money to pay compensation, you can pay in installments or use your finances to pay off your debts.

Legal analysis

If the damage to the rights and interests of others is caused, compensation is required, and the parties can negotiate to deal with it, and if they cannot negotiate, they can sue the court to apply for compulsory enforcement. The assumption of criminal liability cannot be exempted from civil liability for compensation, and compensation shall continue. If the consequences of injuring a person are minor, after assuming criminal responsibility, the other party may file a civil lawsuit attached to the criminal case, demanding that the person who hit the person bear the liability for personal injury compensation and compensate for related medical expenses and other expenses.

There is no fine for fighting, there is only civil compensation, and civil compensation is not paid to the state, and the court will not enforce it. The civil liability that should be borne also needs to be borne in accordance with the law, and if the victim refuses to bear the civil liability for compensation, the victim can compel the other party to compensate through legal channels. Going to jail is only part of the criminal responsibility.

Fines may be recovered at any time by the people's court that made the original judgment. It can also be entrusted to the local court. If there is an obligation to compensate for civil compensation at that time, the other party can also apply for compulsory enforcement.

Where the people's court deducts the fine, it is not necessary to notify the parties. The parties concerned may inquire with the bank and request the basis for the deduction.

Legal basis

Article 1187 of the Civil Code of the People's Republic of China After the damage occurs, the parties may negotiate the payment method of compensation. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.

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.

1. According to what you said, you should not only have received criminal punishment, but also bear the attached civil compensation, and the people's court made a judgment on the attached civil case;

2. The "coming out of prison" you mentioned should be released after completing the sentence, that is, the criminal part of the people's court's judgment has been executed, and only the attached civil compensation has not been executed;

3. The judgment of the people's court will not automatically revoke your liability for attached civil compensation because you have no money;

4. How to compensate? First, you consciously perform the unenforced part of the judgment of the people's court, and second, the attached civil plaintiff applies to the people's court for enforcement. Although you said that you are not able to compensate now, when you have the ability, you will still have to compensate.

If you don't have any money, you can hide it if you have money, and if you don't lose it, you won't lose money.

If the negotiation fails, the victim may file a lawsuit with the court, and after the court enforces the compulsory enforcement, the court will suspend the enforcement if the victim is truly unable to pay compensation temporarily.

According to the law, suspension of enforcement refers to the temporary suspension of the enforcement procedure due to the occurrence of special circumstances, and the change or disappearance of the circumstances can continue the enforcement. It should be noted that the suspension of enforcement is not a termination of enforcement, nor does it mean that the procedure is directly terminated, but a temporary suspension, and it is necessary to decide whether to continue the enforcement depending on the subsequent changes in the situation. The suspension of execution is only a temporary suspension of the execution procedure, which is different from the termination of execution.

Where enforcement has already been completed before the suspension, it shall continue to be effective, and after the circumstances that caused the suspension disappear, enforcement procedures shall be resumed. People's court enforcers may take the initiative to reinstate in accordance with their authority; The parties may also submit an application, and the application will be restored after approval by the executive officer of the Wangxu People's Court.

Legal basis] Civil Code of the People's Republic of China

Article 1187:After the damage has occurred, the parties may negotiate the method of payment of compensation costs. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of a guarantee for the corresponding Sun Ling belt.

Legal Analysis: Compensation is required. Compensation and criminal punishment are two different things, and criminal liability and incidental civil compensation cannot be confused with each other.

Where the victim suffers material losses as a result of the defendant's criminal conduct of knowing Tuanchang, civil liability for compensation cannot be waived, and compensation shall continue.

Legal basis: Article 101 of the Criminal Procedure Law of the People's Republic of China Where the victim suffers material losses as a result of the criminal conduct of the person being accused or instigated, he or she 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.

Legal analysis: 1. If the responsible party has non-monetary property, the right party can apply to the court for enforcement. 2. The right party shall apply for compulsory enforcement first, and if the court enforcement bureau confirms that the responsible party has no property to enforce, it may suspend the enforcement and wait until the responsible party has property.

3. If you are unable to compensate for the property, you can compensate for the labor services, and the two parties will reach an agreement and report to the court for the record after signing and confirming, and the responsible party will accept the supervision of the right party and the court, and compensate in the form of labor services.

Legal basis: Article 256 of the Civil Procedure Law of the People's Republic of China: In any of the following circumstances, the people's court shall rule to suspend enforcement:

1) The applicant indicates that enforcement can be extended;

2) Persons not involved in the case raise a credible objection to the subject matter of enforcement;

3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations;

4) The legal person or other Li Huai organization that is a party is terminated, and the successor of rights and obligations has not yet been determined;

5) Other circumstances where the people's court finds that enforcement should be suspended. After the suspension disappears, the execution resumes.

After coming out, he needs to bear the civil liability for compensation, but he will not go to jail again for this. Compensation for civil litigation attached to criminal cases is mandatory. Criminal law cannot be civilized, and civil law cannot be criminal.

If there is truly no property available for enforcement, the people's court shall rule to suspend enforcement, and resume enforcement after the suspension disappears. According to article 99 of the Criminal Procedure Law of the People's Republic of China, the initiation of attached civil litigation: 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-prescribed persons and 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. Additional Information:

The traffic accident compensation items mainly include medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability assistive device expenses, funeral expenses, living expenses of dependents, and death compensation. At the same time, Article 76, Paragraph 1 of the Road Traffic Safety Law.

2) Provisions: In the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, the motor vehicle shall be liable; However, if there is evidence to prove that a non-motor vehicle driver or pedestrian has violated road traffic safety laws and regulations, and the motor vehicle driver has already taken necessary measures to deal with it, the liability of the motor vehicle party shall be reduced. This provision has the following implications:

First, in the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, the principle of attribution is the principle of strict liability, that is, the principle of no-fault liability. The principle of no-fault liability refers to the principle of imputation that the actor should bear civil liability for the losses caused by his own acts, regardless of whether he is at fault or not. Second, while implementing the principle of strict liability, the liability of the motor vehicle party can be reduced if the statutory conditions are met.

This statutory condition contains two aspects, one is "there is a letter of evidence to prove that the non-motor vehicle driver or pedestrian has violated road traffic safety laws and regulations", and the other is "the motor vehicle driver has taken necessary measures". Thirdly, in certain circumstances, the motor vehicle party is completely exempt from liability. If the loss of the traffic accident is intentionally caused by a non-motor vehicle driver or pedestrian, the motor vehicle party shall not be liable, and if the non-motor vehicle driver or pedestrian intentionally causes the traffic accident for the purpose of suicide or illegal insurance compensation, the motor vehicle party shall be completely exempt from liability, and all consequences shall be borne by the non-motor vehicle driver or pedestrian who caused the traffic accident.

Legal analysis: If the victim is disabled due to injury, the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive devices, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation, shall also be compensated by the compensation obligor. Where the victim dies, the person obligated to compensate shall compensate the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, and shall also compensate for the funeral expenses, living expenses of the dependents, death compensation, and other reasonable expenses incurred by the victim's relatives in handling funeral matters, such as payment of missing fees, housing and lodging expenses, and loss of work.

Legal basis: Article 187 of the Civil Code of the People's Republic of China: Where a civil entity shall bear civil, administrative, or criminal liability for the same act, the return of administrative liability or criminal liability does not affect the bearing of civil liability; Where the civil entity's assets are insufficient to pay, priority is given to the use of civil liability.