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	REGULATIONS OF THE SUPREME PEOPLE'S COURT ON THE SCOPE OF CRIMINAL PROCEEDINGS WITH CIVIL ACTION

	Pronouncement of the Supreme People's Court (Fashi [2000] No.47), December 13, 2000: Regulations of the Supreme People's Court on the Scope of Civil Suit Collateral to Criminal Proceedings were adopted at the 1148th meeting of the Judicial Committee of the Supreme People's Court on December 4, 2000, which shall come into force as of December 19, 2000)


SUBJECT : CRIMINAL PROCEEDINGS WITH CIVIL ACTION; SCOPE
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 12/13/2000
IMPLEMENT DATE : 12/19/2000
LENGTH : 301 words
TEXT :

The scope of civil suit collateral to criminal proceedings is stipulated as follows according to article 36, 37 and 64 in Criminal Law of the People's Republic of China and article 77 in Criminal Law Procedure of the People's Republic of China:

Article 1. A person, whose personal right is infringed or whose property is damaged by a criminal and suffers material loss, may file a civil suit collateral to criminal proceedings.

The civil suit collateral to criminal proceedings, which is brought by the victim who suffers mental loss for the crime, will not be accepted by the people's court concerned.

Article 2. The victim's material loss suffered from the crime refers to the actual loss that has been suffered and the inexorable loss as a result of the crime.

Article 3. When trying the case of civil suit collateral to criminal proceedings, if the people's court finds that the accused has no property to be executed indeed after being sentenced by law, the court shall rule to suspend or terminate the execution.

Article 4. If the accused has made compensation for the victim's material loss, the people's court may consider it as a kind of circumstance for the discretionary action of sentencing.

Article 5. If the victim suffers material losses because of the criminal's action of illegally possessing or disposing the victim's property, the people's court shall recover the property or order the criminal to make restitution or pay compensation for it, which may be considered by the people's court as a kind of circumstance for the discretionary action of sentencing.

The suit, filed by the victim at the civil division of a people's court when his loss still can't be made up for after recovery or restitution or compensation, may be accepted as a case by the people's court.