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Can criminal responsibility be investigated after the judgment of the civil dispute court is completed?
If a civil case is suspected of a criminal offence, it may be transferred to a criminal case for trial first according to law. This needs to be judged according to the specific time.
For example, a civil dispute in an economic case cannot be converted into a criminal case even if the defendant has no compensation ability. The state has legislated many times to prohibit solving civil disputes by criminal means. Even if it is possible to compensate for detention, it is only a civil compulsory measure, which is essentially different from punishment.
If it is a crime of intentional injury, you can ask the public security organ to investigate the criminal responsibility of the other party. If the other party does not file a case, first, you can find the local procuratorate and ask it to urge the public security organ to file a case; First, you can report the situation to the local commission for discipline inspection; Second, you can report to the local supervision department, and you can also make administrative efficiency supervision telephone complaints.
According to the Opinions on Several Procedural Issues in the Trial of Criminal Cases of Civil Disputes
When trying a civil case, the people's court finds that all or part of the facts of the case are suspected of criminal offences.
1. According to Article 10 of the Provisions of the Supreme People's Court on Several Issues Concerning Suspected Economic Crimes in the Trial of Economic Contract Disputes, the court shall transfer the clues and materials of suspected crimes to the relevant public security organs or procuratorial organs for investigation. However, according to the civil legal norms, if the parties constitute a civil legal relationship and do not affect the trial of the civil case, the civil case may continue to be tried.
Second, if a suspected crime is found in the trial, and the facts confirmed in the suspected criminal case will directly affect the nature, effectiveness and responsibility of the civil dispute case, in accordance with the provisions of Item (5) of Paragraph 1 of Article 136 of the Civil Procedure Law of People's Republic of China (PRC), the court shall decide to suspend the trial, transfer the criminal clues to the relevant public security organs or procuratorial organs, and resume the trial after the end of the criminal proceedings.
3. If a suspected crime is found during the trial, it does not constitute civil liability. For example, if it is found that an outsider is suspected of embezzling or privately engraving the official seal of the unit to engage in fraud, the unit as a civil defendant has no fault and should not bear civil liability, that is, there is no civil legal relationship between the parties to the contract, and the court should transfer the whole case.
Extended data:
Conditions for instituting criminal proceedings in court:
1, the fact that there is a crime refers to the objective existence of some criminal behavior that harms society.
This is the first condition for filing a case. There are criminal facts, including two aspects
1. If you want to file a case for investigation, it must be an act that constitutes a crime according to the provisions of the Criminal Law. Filing a case should and can only be carried out for criminal acts. If it's not a crime, you can't file a case. There are no criminal facts, or there are illegal acts that endanger society according to the provisions of Article 15 1 of the Criminal Procedure Law, but the circumstances are obviously minor and the harm is not great, so the case shall not be filed.
Since filing a case is the beginning of crime investigation, the fact that there is a crime at this time only refers to the discovery of criminal acts that endanger society and violate criminal law. As for the whole process of the crime, the specific circumstances of the crime and who the perpetrator is, it is not required to be clear when filing the case.
These problems should be solved through investigation or trial activities after filing a case. 2. There must be certain factual materials to prove that the criminal facts did happen. Including criminal acts that have been committed, are being committed and are about to be committed.
2. The need to investigate criminal responsibility means that criminals should be investigated for criminal responsibility according to law.
Only the criminal facts that need to be investigated for criminal responsibility according to law, when the criminal facts happen and need to be investigated for criminal responsibility according to law, are necessary and should be put on file. According to article 15 of the Criminal Procedure Law, although the crime has occurred, the limitation of prosecution has expired.
Exempt from punishment through Amnesty; Failing to tell or withdraw a crime that should be dealt with according to the criminal law; The suspect is dead; If other laws exempt criminal responsibility, criminal responsibility shall not be investigated.
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