Criminal compensation means that the criminal suspect or defendant bears the corresponding economic liability for the losses and injuries suffered by the victim as a result of the criminal act. The calculation standard of criminal compensation is an important issue, and this article will help you better understand this issue from a legal perspective, such as the standard for the calculation of criminal compensation.
Article 33 of the State Compensation Law stipulates that: "Where a citizen's personal liberty is violated, the daily compensation shall be calculated on the basis of the average daily wage of the State employee in the previous year." ”
(1) Where citizens' right to life and health is violated, compensation shall be calculated in accordance with the following provisions:
1. If physical injury is caused, medical expenses shall be paid, as well as compensation for the reduction of the recipient due to lost work. The compensation for each day of the reduction is calculated on the basis of the average daily wage of the employees of the State in the previous year, and the maximum amount is five times the average annual wage of the employees of the State in the previous year.
2. If partial or total incapacity is caused, medical expenses and disability compensation shall be paid.
3. If death is caused, death compensation and funeral expenses shall be paid, and the total amount shall be 20 times the average annual salary of the state employee in the previous year.
(2) The standard for calculating compensation for damages to property rights
1. Fines, fines, recovery and confiscation of property or expropriation of property in violation of state regulations, and compensation for apportionment of expenses. Fines, fines, recovery and confiscation of property that infringe on the property rights of citizens, legal persons and other organizations, or the expropriation of property or apportionment of expenses in violation of state regulations, are a loss of control over property, and the best compensation corresponding to this is the return of property.
2. Compensation caused by sealing, seizure and freezing of property. Where property is sealed, seized or frozen, the sealing, seizure, or freezing of the property shall be lifted, and where the damaged property shall be returned, the property shall be restored to its original state, and where it cannot be restored, the State shall bear the responsibility for compensation and pay compensation in accordance with the extent of the damage. If the property that should be returned is lost, the corresponding compensation shall be paid.
3. Compensation for the property that has been auctioned. After the State organs and their functionaries have imposed illegal coercive measures on the property, if the property has been auctioned, the original property no longer exists or has been owned by another person, and restoration is no longer possible, monetary compensation shall be paid. The State Compensation Law stipulates that the compensation for auctioned property shall be paid the proceeds of the auction.
4. Compensation for damages caused by revocation of permits and licenses, orders to suspend production, or suspension of business.
5. Compensation for other damages to property rights. The State Compensation Law stipulates that compensation shall be paid in accordance with the direct loss of damage caused to property rights.
The State shall not be liable for compensation in any of the following circumstances:
1) Being detained or sentenced to punishment because a citizen intentionally made a false confession or fabricated other evidence of guilt;
2) A person who does not bear criminal responsibility in accordance with articles 14 and 15 of the Criminal Law is detained;
3) Where a person who does not provide for non-pursuit of criminal responsibility is detained in accordance with article 11 of the Criminal Procedure Law;
4) Personal conduct unrelated to the exercise of authority by staff of organs exercising state investigative, procuratorial, adjudicatorial, or prison management powers;
5) Harm caused by intentional acts such as self-injury or self-harm;
6) Other circumstances provided for by law.
In cases where civil compensation in a criminal case is unable to be repaid, the plaintiff and defendant should actively communicate and negotiate to reach a consensus on the amount of compensation, the method of compensation, and the period of compensation. If the two parties fail to reach an agreement, the victim may file a lawsuit with the court for compulsory enforcement. If there is indeed a temporary inability to pay compensation after compulsory enforcement, the court will suspend the enforcement. The victim may file a separate lawsuit, and after the criminal suspect is released from prison, the court may request continued compensation from the other party.
Relevant legal provisions: Article 1187 of the Civil Code of the People's Republic of China Method of payment of compensation costs: After the occurrence of damage, the parties may negotiate the payment method of compensation costs. If there is an agreement through negotiation, 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.
In criminal proceedings, the calculation of criminal compensation shall be based on the victim's actual losses, and shall be reasonably calculated by comprehensively considering factors such as property losses, medical expenses, and mental damages. At the same time, the rights and interests of victims should be fully respected, and it should be ensured that they can receive fair and reasonable compensation. Shentuo Law Firm reminds everyone:If you have time to learn more about the Fa, you won't suffer any loss when you encounter problems. If you encounter a legal problem and don't know what to do, you can click the "Call Now" button belowFree consultation