??[Abbreviature of adjudication]
??
??In a murder between husband and wife, the victim’s parents are persons who suffered material losses due to the criminal acts of the defendant, so they have the right to ask for funeral expenses, compensation for death and other financial loses. The victim’s children rank first among inheritors, therefore they enjoy shares of the compensation. In addition, they can also be plaintiffs of an incidental civil action.
??
??[Facts]
??
?At 8 p.m. on March 2, 2006, the defendant Chen X and his wife, Xi X, quarreled in their temporary residence due to household chores, and then they started fighting. Chen X chocked the neck of Xi X, the victim, with both hands, leading to her death caused by mechanical asphyxia. On the evening of March 3, Chen X voluntarily surrendered himself to the police and confessed his crime truthfully.
??
??In addition, Xi is the father of Xi X, the victim and Wang X is the mother of Xi X. On April 12, 2004, Xi X gave birth to Chen’s son, Jr. Xi.
??
??On June 9, 2006, Changzhou People’s Procuratorate accused the defendant, Chen X, of a crime of intentional homicide, and initiated a public prosecution to Intermediate People’s Court of Changzhou Municipality.
??
?Xi, Wang X and Jr. Xi filed an incidental civil action of criminal action, requiring the defendant, Chen X, to compensate for funeral expenses of RMB 9,101, death indemnity of RMB 209,640, traveling expenses of RMB 8,000 and upbringing payment for Jr. Xi of RMB 169,960.
??
??[Case analysis]
??
?Intermediate People’s Court of Changzhou Municipality considered after holding a public trial:
??
??I. Behaviors of the defendant, Chen X, constituted the crime of intentional homicide, and he voluntarily surrendered himself to the police
??
?The defendant, Chen X, quarreled and fought with his wife, Xi X, due to household chores, during which Chen X chocked Xi X’s neck with both hands, intentionally and illegally depriving others of their life and bringing death to Xi X. His behaviors constituted the crime of intentional homicide. Chen X voluntarily came to the police, gave himself up to law and truthfully confessed his crime, which means to surrender, therefore he may be given a lesser punishment according to laws. Changzhou People’s Procuratorate accused the defendant, Chen X, of a crime of intentional homicide with clear facts, reliable and abundant evidence and accurate determination. Pleader of the defendant, Chen X, proposed that Chen X voluntarily surrendered and confessed with a great attitude after being brought to justice, therefore the Court decided to accept the defense opinion requesting a lighter punishment after verification.
??
?II. Close relatives of the victim have the right to file an incidental civil action
??
??Article 84 of Interpretation by the Supreme People’s Court on Some Issues Regarding the Implementation of the Criminal Procedure Law of the People’s Republic of China specifies that close relatives of the dead victim who suffered material losses due to the defendant’s criminality have the right to file an incidental civil action. The judicial interpretation doesn’t limit the relationship between the defendant and the victim. Although the murder case happened between husband and wife who share the property, after the wife was killed as the victim, her close relatives, first the victim’s father Xi and her mother Wang X, actually suffered material losses due to the defendant’s criminality; then the victim’s son, Jr. Xi, ranking first among inheritors, shall also enjoy the litigation position of the plaintiff due to his share of the compensation; while the victim’s spouse Chen X is disinherited for he killed the victim. Hence, the victim’s close relatives, namely the defendant’s father-in-law, mother-in-law and son are all eligible plaintiffs of the incidental civil action in addition to the defendant himself, and they have the right to require the defendant to compensate for the losses with his personal property according to laws.
??
??III. The defendant’s extent of compensation shall be determined according to laws
??
??The defendant, Chen X, shall compensate the plaintiffs of the incidental civil action for financial losses arising from the defendant’s criminality according to laws. The amount and extent of compensation shall be determined by the provisions of laws and regulations in combination with the relevant evidence provided by the plaintiffs.
??
?First is to compensate for the suffered actual losses and inevitable losses only. For example, the necessary, predictable and reasonable compensation for death, funeral expenses and medical fees shall be paid by the defendant. In this case, the defendant shall compensate the plaintiffs, Xi, Wang X and Jr. Xi, for death indemnity of RMB 105,520 and funeral expenses of RMB 10,478.50 arising from the death of Xi X.
??
?Second is that the suffered material losses shall be proved by evidence. Plaintiffs shall be compensated for their material losses, but the amount shall be subject to that verified by the Court. In this case, the plaintiffs required the defendant to compensate for the traveling expenses of RMB 8,000, but the traveling expenses was only RMB 4,903 based on the actual bills. The Court didn’t support the excess amount for there was no relevant basis.
??
??Third is to claim compensation from the defendant for the upbringing expenses of the dependent. Jr. Xi, the dependent, is a minor who shall be jointly raised by the defendant and the victim of this case according to laws. In the claim of plaintiffs of the incidental civil action, they required the defendant to compensate the dependent, Jr. Xi, for his upbringing expenses. The Court held by trial that Chen X is Jr. Xi’s biological father, so Jr. Xi is supposed to be raised and educated by Chen X, and Chen X shall bring up Jr. Xi alone after Xi X was dead. Xi and Wang X only performed skip-generation raising. They, who required the defendant, Chen X, to compensate the dependent, Jr. Xi, for his upbringing expenses in their claim, may file a lawsuit to claim compensation from the defendant after the expenses actually occur.
??
??[Results of the case]
??
??Judgement
??
?On September 22, 2006, the ruling by Intermediate People’s Court of Changzhou Municipality is as follows on the basis of the defendant’s criminal facts, nature and circumstances of the crime as well as the degree of harm to society in accordance with the provisions of Article 232, Paragraph 1 of Article 67, Paragraph 1 of Article 57 and Paragraph 1 of Article 36 of Criminal Law of the People’s Republic of China, Article 119 of General Principles of the Civil Law of the People’s Republic of China, Paragraph 3 of Article 17, Article 27, Article 28 and Article 29 of Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury: I. the defendant, Chen X, who committed the crime of intentional homicide, will be sentenced to life imprisonment and deprived of political rights for life; II. the defendant, Chen X, shall compensate the plaintiffs of the incidental civil action, including Xi, Wang X and Jr. Xi, for their financial losses of RMB 120,901.50 in total.
??
??The procuratorate didn’t protest, the defendant and the plaintiffs of the incidental civil action didn’t prosecute an appeal after the judgement of the first instance, so the judgement has become legally effective.
??
?[Relevant laws and regulations]
??
??I. Behaviors of the defendant, Chen X, constituted the crime of intentional homicide, and he voluntarily surrendered himself to the police
??
??The defendant, Chen X, quarreled and fought with his wife, Xi X, due to household chores, during which Chen X chocked Xi X’s neck with both hands, intentionally and illegally depriving others of their life and bringing death to Xi X. His behaviors constituted the crime of intentional homicide. Chen X voluntarily came to the police, gave himself up to law and truthfully confessed his crime, which means to surrender, therefore he may be given a lesser punishment according to laws. Changzhou People’s Procuratorate accused the defendant, Chen X, of a crime of intentional homicide with clear facts, reliable and abundant evidence and accurate determination. Pleader of the defendant, Chen X, proposed that Chen X voluntarily surrendered and confessed with a great attitude after being brought to justice, therefore the Court decided to accept the defense opinion requesting a lighter punishment after verification.
??
?II. Close relatives of the victim have the right to file an incidental civil action
??
??Article 84 of Interpretation by the Supreme People’s Court on Some Issues Regarding the Implementation of the Criminal Procedure Law of the People’s Republic of China specifies that close relatives of the dead victim who suffered material losses due to the defendant’s criminality have the right to file an incidental civil action. The judicial interpretation doesn’t limit the relationship between the defendant and the victim. Although the murder case happened between husband and wife who share the property, after the wife was killed as the victim, her close relatives, first the victim’s father Xi and her mother Wang X, actually suffered material losses due to the defendant’s criminality; then the victim’s son, Jr. Xi, ranking first among inheritors, shall also enjoy the litigation position of the plaintiff due to his share of the compensation; while the victim’s spouse Chen X is disinherited for he killed the victim. Hence, the victim’s close relatives, namely the defendant’s father-in-law, mother-in-law and son are all eligible plaintiffs of the incidental civil action in addition to the defendant himself, and they have the right to require the defendant to compensate for the losses with his personal property according to laws.
??
?III. The defendant’s extent of compensation shall be determined according to laws
??
??The defendant, Chen X, shall compensate the plaintiffs of the incidental civil action for financial losses arising from the defendant’s criminality according to laws. The amount and extent of compensation shall be determined by the provisions of laws and regulations in combination with the relevant evidence provided by the plaintiffs.
??
?Above is the cause and course of the case sorted out by Shanghai divorce lawyers. Marriage is not a trifling matter. Think about your children before every quarrel and the consequences. Please contact Shanghai lawyers if you need any help.
