2010 Fu Min Shang Zi No. 26
|Decision No.||2010 Fu Min Shang Zi No. 26|
|Date||May 16, 2011|
Regarding the supplementary civil litigation, in addition to the rules specified in this Chapter, the rules of the Code of Criminal Procedure are applicable. But after transfer to, or reversal to, or dispatch to a civil panel, the Code of Civil Procedure shall be applicable. Spoken or written statements made outside the trial by persons other than the defendant, except for the rules specified by law, cannot be used as evidence. Although Article 490 and Article 159, Paragraph 1 of the Code of Criminal Procedure define clear words, however, by considering the rules of Article 154 of the same Code, criminal facts shall be decided by evidence, and without evidence criminal facts cannot be confirmed. It is sufficient to say that evidence excluded by the hearsay rules is evidence used for proving criminal facts. In addition, criminally-injured persons can file a civil law suit as a supplement in a criminal litigation proceeding against the defendant and persons liable to damages according to the Civil Code and can ask for recovery from their injuries. The scope of the above-mentioned request is governed by the Civil Code. Besides, regarding a decision made by a second-level court in criminal litigation, where such the decision is not appealable to the third-level court, the decision made by a second-level court and associated with the supplementary civil law suit of such the criminal litigation can be appealed to the third-level court. But, that is limited by Article 466 of the Code of Civil Procedure. The above-mentioned appeal is adjudicated by a civil panel. Articles 487 and 506 of the Code of Criminal Procedure have clear words respectively. Therefore, criminal victims who file a supplementary civil law suit in a criminal litigation proceeding can request the defendants to recover their injuries, of which the scope and the damages calculation shall be governed by the Civil Code. Additionally, it is possible that such a supplementary civil law suit can be adjudicated previously or later by either a criminal panel or civil panel according to the change of litigation proceeding. If different principles of admission of evidence are applied to evidence of proving damages amounts when the adjudication occurs in a criminal panel or civil panel, which results in different damages amounts that should be paid by the defendant, that will be obviously unfair to the victim. As a result, though, the above-mentioned Internet commentary data at the wedding information network (that is, wed168.com) are written statements made by persons other than the defendant outside the trial, so they cannot be used to prove the criminal fact that the two appellees infringed trademark rights. However, it is not to say that they cannot be used to prove that the appellant company did get injured civilly.
Supplementary civil litigation, exclusion of evidence
|Relevant statutes||Articles 506, 490, 487, and Article 159, Paragraph 1 of the Code of Criminal Procedure|
- Release Date:2020-11-13