H killed Z at work and was convicted of intentional homicide, sentenced to death with a two-year reprieve, deprived of political rights for life and subject to restricted commutation. Z’s relatives then sued H for funeral expenses, death compensation, dependency support, travel and accommodation, emotional distress and legal fees — over RMB 2 million in total.

Issue

In a civil claim brought after a criminal conviction, are death compensation, emotional distress damages and dependency support recoverable?

Outcome

Ma Dehui acted for the defendant. The court applied the Supreme People’s Court interpretation on civil claims annexed to criminal proceedings, which limits recovery to material losses — funeral and related expenses — and excludes death compensation and emotional distress damages. The claim was determined within that scope.

Note

The boundary matters commercially: a victim’s family expecting full tort damages will be advised instead to pursue mediation, where a broader settlement is possible.