Can a disabled person continue to receive a state subsidized disability pension while serving his se

Persons with disabilities who have committed criminal cases are not entitled to a disability benefit from the State during their sentence. For those who have been released from prison, the local people** help them settle down. Where a person released from prison loses the ability to work and has no legal supporter, supporter, or basic livelihood, the local people shall provide relief.

Persons who have been released from prison still enjoy equal rights with other citizens in accordance with the law.

Legal analysisCriminal cases refer to cases in which a criminal suspect or defendant is suspected of violating the social relations protected by the Criminal Law, and the state files a case for investigation, trial, and imposes criminal sanctions (such as fines, fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to investigate the criminal responsibility of the criminal suspect or defendant. Criminal, in relation to criminal law, in the course of a criminal investigation, any mark of violation of the statute has been removed; shall be subject to a criminal punishment, punishment or punishment. The tasks of the Criminal Procedure Law of the People's Republic of China are to ensure that the facts of crimes are accurately and promptly ascertained, the law is correctly applied, criminals are punished, the innocent are not criminally prosecuted, citizens are educated to consciously abide by the law, actively struggle against criminal acts, the socialist legal system is safeguarded, human rights are respected and protected, citizens' personal rights, property rights, democratic rights, and other rights are protected, and the smooth progress of the cause of socialist construction is guaranteed.

The public security organs are responsible for the investigation, detention, execution of arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions. The people's courts are responsible for trials.

Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers. People's courts, people's procuratorates, and public security organs conducting criminal proceedings must strictly abide by the relevant provisions of this Law and other laws. For those who have been released from prison, the local people** help them settle down.

Where a person released from prison loses the ability to work and has no legal supporter, supporter, or basic livelihood, the local people shall provide relief. At the end of the convict's sentence, the prison shall release the convict on time and issue a certificate of release.

Legal basisPrison Law of the People's Republic of China Article 38: Persons released from prison enjoy equal rights with other citizens in accordance with law.

Absolutely. Disabled people have committed crimes. Punished by law. After sanctions. He is a citizen of the country. Since you are a citizen of the state, you should be entitled to the state's subsidized disability pension. There is nothing wrong with that.

Can a disabled person continue to pay the state-subsidized disability pension while serving his sentence? Depending on the facts of the criminal case, if the characteristics of the disabled are taken advantage of to destroy important state secrets, the disability allowance may be suspended.

The welfare of the disabled refers to the facilities, conditions and services provided by the state and society for the disabled in life, work, education, medical care and other aspects on the basis of ensuring the basic material needs of the disabled.

If a disabled person is serving a prison sentence for a criminal offence and does not have the burden of living and medical care, the relevant benefits will of course be suspended.

Summary. Hello dear! <>

Yes!! According to Chinese law, disabled people can still enjoy disability allowance after being imprisoned!! <

Can a disabled person still receive disability benefits after he or she is in prison?

Hello dear! Digging and teasing acres <>

Yes!! According to Chinese law, the judge is cautious that disabled people can still enjoy disability benefits after being imprisoned!! <

According to Article 3 and 16 of the Law of the People's Republic of China on the Protection of Persons with Disabilities, if a disabled person is sentenced to a criminal penalty for a crime, and during the period of seizure, detention and imprisonment in accordance with the law, his or her living allowance, nursing expenses, disability assistance appliances and other protection benefits will not be affected. This means that even if a disabled person is sentenced to a criminal penalty for a crime, they are still entitled to a living allowance for the disabled, a nursing fee, and disability assistance equipment.

These benefits will not be canceled or reduced because they are in prison!! <

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If a disabled person is sentenced to a criminal sentence for a crime, they face some restrictions and difficulties, such as being unable to take care of themselves and receiving subsidies from social welfare institutions. In this case, they can apply to the prison or community corrections agency for help and support!!

<> kiss, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>

Teacher: There are several versions of mine, some say that the prison sentence will be suspended and resumed after the sentence is completed, some say that it will be reapplied after the completion of the sentence, and some say that it can continue to be enjoyed.

Kiss <>

According to Article 36 of the Law of the People's Republic of China on the Protection of Persons with Disabilities, if a disabled person is sentenced to a criminal punishment for a crime, his or her living allowance, nursing expenses, disability assistance equipment, and other guarantees will not be affected during the period of seizure, detention or imprisonment in accordance with the law. Therefore, the disabled people can still enjoy the living allowance, nursing expenses, disability assistance equipment and other security benefits during the period of travel and rental imprisonment!! <

<> kiss, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>

It is a disabled military teacher.

Kiss <>

According to the provisions of the Law of the People's Republic of China on the Protection of Disabled Persons, disabled servicemen and disabled teachers enjoy the same rights as other disabled persons in terms of living allowances, nursing expenses, disability assistance appliances and other security benefits. <

Kiss <>

According to Chinese law, a disabled military teacher can enjoy disability allowance if he or she is still in prison!!

Give Burning Huai your heart].

<> kiss, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>

It means that you can enjoy the disability allowance while serving your sentence.

Kiss <>

Yes!! You can enjoy the disability allowance while serving your sentence!! <

<> kiss, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>

In civil litigation attached to criminal cases, only material losses are compensated, and death and disability compensation are not supported.

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.

According to the provisions of the above-mentioned law, if the victim is disabled, he can only compensate for expenses such as the cost of disability living aids, but there is no disability compensation.

If a victim wants to receive reasonable compensation, there are two avenues:

1. Settle and mediate with the defendant. Article 155 of the Interpretation of the Supreme People's Court on Application stipulates that 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. After the conclusion of the public prosecution case, a separate civil lawsuit will be filed, and the court will rule in favor of disability compensation. Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Law of Disturbance in the Trial of Personal Injury Compensation Cases provides:

Where 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, as well as the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive devices, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation.

The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. For the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees and other follow-up expenses, the compensation right holder may return to the lawsuit after the actual occurrence. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.

OK. The latest law on disability in criminal cases provides for compensation, and the victim can file a civil lawsuit attached to the criminal case to claim compensation for damages.

Civil litigation attached to criminal cases refers to litigation activities carried out by judicial organs in the course of criminal proceedings, while settling the criminal liability of the defendant, and incidentally resolving the issue of compensation for material losses caused by the defendant's criminal acts. 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. If the state or collective property suffers losses, when the people's procuratorate initiates a public prosecution, Sun Bi may file an attached civil lawsuit.

When necessary, the people's court may seal or seize the defendant's property.

Normally, if the victim is injured more than slightly, the criminal suspect will bear criminal liability in addition to civil liability, so the victim may file a civil lawsuit attached to the criminal case to claim compensation for losses.

Minor injury refers to the physical, chemical, biological and other external factors acting on the human body, causing a certain degree of damage or partial dysfunction of the structure of tissues and organs, which does not constitute a serious injury and is not a minor injury.

Article 234 of the Criminal Law stipulates that a person who intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that if a person causes bodily injury, he shall compensate for expenses such as medical treatment, lost work, nursing, transportation, accommodation, food allowance during hospitalization, and necessary nutrition; If the injury reaches the level of disability, disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to **nursing and continuation** are also required.

1. How to calculate disability compensation?

Disability compensation refers to the compensation paid to the injured person after the injury, although he is reasonably unable to do it, and the intractable or permanent dysfunction left behind by the injured person, resulting in the person being unable to perform normal work or labor.

Disability compensation shall be paid for 20 years from the date of determination of disability on the basis of the degree of the victim's inability to work or the level of disability, and 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 60 years old or older, the age is not increased by one year and decreased by one year; Those over the age of 75 are counted as five years.

Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but the practice of the victim has been hindered and his or her employment has seriously affected his or her employment, the disability compensation may be adjusted accordingly.