What happens if a person is sentenced to death by a court and ordered to pay compensation to the victim's family, but refuses to do so?
In cases where the individual lacks the funds or assets to fulfill this compensation obligation, how is the matter handled?
Under such circumstances, are the perpetrator's parents or other relatives required to use their own assets to pay the compensation? Or does the obligation to compensate rest solely with the person who caused the harm, even if they are no longer able to make payment?
Legal advice for reader Kim Chau:
In principle, criminal liability must be distinguished from the civil obligation to provide compensation for damages. The fact that an offender is sentenced to death does not extinguish their obligation to compensate the victim's family. Specifically:
Determining the party liable for compensation
According to Article 584 of the 2015 Civil Code, any person who infringes upon the life of another and causes damage is required to provide compensation. In cases resulting in death, Article 591 of the 2015 Civil Code stipulates that compensation may cover funeral expenses, support payments for individuals whom the deceased was legally obligated to support, and compensation for mental anguish suffered by the deceased's relatives who fall under the first order of heirs.
Therefore, if a criminal judgment orders a defendant to pay compensation to the victim's family, the person who caused the harm is the one obligated to fulfill that payment.
For individuals aged 18 or older, Clause 1, Article 586 of the 2015 Civil Code explicitly states: "A person who is 18 years of age or older and causes damage must provide compensation themselves."
Steps for the aggrieved party when the perpetrator fails to provide compensation
If a judgment has taken legal effect but the party obligated to comply fails to provide compensation voluntarily, the aggrieved party may request that the civil judgment enforcement agency initiate the enforcement of the financial obligations stipulated in the judgment.
Once the period for voluntary compliance has expired without action from the obligated party, an enforcement officer will verify the conditions for enforcement. Under Article 37 of the 2015 Law on Civil Judgment Enforcement, this verification process may include identifying the assets, income, and other relevant circumstances of the party obligated to comply.
If it is determined that the obligated party possesses sufficient assets or income, the enforcement agency may implement authorized enforcement measures to ensure the fulfillment of the obligations.
Consequently, in cases where a perpetrator is sentenced to death but lacks the funds or assets to satisfy civil compensation obligations toward the victim or the victim’s family, the perpetrator’s parents are under no legal obligation to use their own assets to provide compensation on their child’s behalf.
In practice, however, there are many instances where parents—despite having no legal obligation—choose to voluntarily use their own money or assets to assist or compensate the victim’s family. Driven by personal sentiment and deep remorse for the loss caused by their child, such voluntary actions—while unable to fully rectify a profound loss—serve as a gesture of empathy, a sense of responsibility, and a desire to help alleviate the suffering of the victim’s side.