Civil Claim Attached to Criminal Proceedings: What If the Offender Has No Money to Pay?

When a criminal case involves harm to a victim, the victim may seek compensation through civil claims attached to criminal proceedings. However, even after obtaining a favorable judgment, victims often face the challenge of the offender being unable to pay. This article explains the process of filing a civil claim attached to criminal proceedings and explores alternative solutions when the offender has no financial resources.

The Process of Filing a Civil Claim Attached to Criminal Proceedings

Civil claims attached to criminal proceedings allow victims to seek civil damages within criminal proceedings, streamlining litigation by avoiding a separate civil lawsuit. Some advantages include waived court fees and shared evidence between criminal and civil cases. The basic steps are as follows:

1. Filing a Criminal Complaint

The victim must first file a criminal complaint against the offender. Once accepted, the prosecutor will conduct an investigation.

2. Filing for a Civil Claim Attached to Criminal Proceedings

When the criminal case proceeds to trial, the victim may petition the court for compensation. According to Article 488 of the Taiwan Code of Criminal Procedure, such claims must be filed before the conclusion of oral arguments in the second-instance trial. However, they cannot be filed after the first-instance trial ends but before an appeal is lodged.

3. Court Review or Transfer to Civil Court

The criminal court may directly determine the compensation amount if the case is straightforward. However, if the civil claim is too complex and requires extensive examination, the court may transfer the case to the civil court for further adjudication (Article 504 of the Taiwan Code of Criminal Procedure).

4. What If the Criminal Case Is Dismissed?

If the criminal court rules not guilty, dismisses the case, or refuses to hear the criminal case, the attached civil claim will be dismissed accordingly. The claimant may then request the transfer of the case to a civil court, converting it into an independent civil lawsuit. However, since the claim is no longer attached to a criminal case, court fees must be paid (Article 503 of the Taiwan Code of Criminal Procedure).

What If the Offender Has No Money to Pay?

Even if the court orders compensation, the reality is that many offenders lack the financial means to pay. Here are some strategies to secure compensation:

1. Apply for Provisional Seizure (Pre-Judgment Attachment)

If the offender has assets, the victim may apply for a provisional seizure or injunction to prevent asset transfers before the court ruling.

2. Negotiate an Installment Payment

If the offender lacks immediate funds, negotiating an installment payment plan or reaching a mediation agreement may be beneficial. If the mediation is confirmed by the court, it holds the same enforceability as a final judgment.

3. Apply for Crime Victim Compensation

Under Article 50 of the Crime Victim Protection Act, victims of serious crimes such as homicide, severe injury, or sexual offenses may apply for government compensation.

4. Seek Insurance Compensation

In traffic accident cases, victims may claim compensation under mandatory automobile liability insurance or, if applicable, third-party liability insurance once a court judgment is finalized.

How to Find the Right Lawyer for Civil Claims Attached to Criminal Proceedings?

Since civil claims attached to criminal proceedings involve both criminal and civil procedures, it is crucial to choose an experienced lawyer. Consider a lawyer who:

Has extensive experience in criminal defense and civil litigation.
Is knowledgeable in enforcement procedures to help recover compensation.
Understands insurance claims and government procedures to assist victims in obtaining available financial support.

Conclusion

Although civil claims attached to criminal proceedings provide a legal pathway for victims to seek damages, recovering compensation can be difficult if the offender has no financial resources. Strategies such as provisional seizure, government compensation programs, and insurance claims can help ensure victims receive some financial relief. If you need legal assistance, consider consulting a professional criminal defense lawyer to protect your rights and maximize your compensation opportunities.

Among experienced lawyers, Attorney Jack Tai is highly recommended for his expertise in criminal defense and compensation claims, offering strategic legal advice to help clients achieve the best outcomes.