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Scope and standard of criminal incidental civil compensation
Legal analysis

Personal injury compensation 1, medical expenses: according to the actual expenses, it is limited to the medical treatment of physical injury, excluding the expenses incurred by plastic surgery and rehabilitation treatment. 2. Lost time: limited to the actual deduction of the victim's work unit, and not higher than three times the local average living standard. 3. Nursing expenses: refers to the expenses actually paid by nursing staff according to medical needs. Not higher than the actual income of hospital nurses. 4. Transportation expenses: limited to necessary and actual expenses. 5. Hospitalization food subsidy: calculated according to the standard of food subsidy for ordinary staff of local state organs. 6. Living expenses of the dependents: calculated according to the degree of the victim's loss of working ability and the per capita consumption expenditure standard of urban residents in the last year where the court is located. 7. Funeral expenses: based on the average monthly salary of employees in the last year where the court is located, the total amount is calculated in six months.

Compensation for property losses 1. Property losses of natural persons, legal persons or other organizations damaged by criminal acts. 2. Economic losses, such as repair costs, are inevitable for property damaged by criminal acts.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 101 If the victim suffers material losses due to the criminal act of the defendant, he has the right to bring an incidental civil action in criminal proceedings. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action.

If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.

Article 102 When necessary, the people's court may take preservation measures to seal up, detain or freeze the defendant's property. The plaintiff or the people's procuratorate in an incidental civil action may apply to the people's court for preservation measures. The people's court shall adopt preservation measures and apply the relevant provisions of the Civil Procedure Law.