take advantage of right to complaint to negotiate in the mediation.

take advantage of right to complaint to negotiate in the mediation.

In Taiwan, the criminal cases fall in two types, some need for victim filing criminal complaint and another not need that. although the latter is majority, the negligent injury is the one among of the former.
filing criminal complaint means that victim petition the prosecutor to investigate the case and to sue the perpetrator in the court.
In the crime of the vehicle accidents, usually include the negligent cause the death, the negligent cause injury,and the negligent cause serious physical injury. the latter two are the criminal cases that need the complaint of victim to be taking the initiation of the prosecution. the former that prosecutor can take investigation without the complaint.
the opinion of the judicial practice reiterated the victims' right for filing the complaint can't be giving up, the only exception is the mediation of the borough hall. If cases settle in the mediation of the borough hall, and in the clauses of the settlement explicily write down the waiver of the right for filing complaint of the case, then the victim can not file the complaint in the case afterward.
the victim's right of the complaint only exist six month, that complaint must be proposed to the prosecutor in six month after the accident occur. the perpetrator usually want to postpone, wait the time pass out. If the six month pass out, the criminal case is vanished, the responsibility of the perpetrator would be left over is the civil case only.
on the other hand, many victims want to take the advantage of the right of the criminal complaint to bargain with the perpetrator. the damage of the accident is evaluated by the receipts that could be putted forward by the both according to medical treatment and vehicle repairing, then distribute it to the both by negligent ratio. the total sum of the damage is fixed for sure. But if you injured by the accident, you would gain the advantage, force other side to pay more. on the other hand again, if the time of exercising right to complaint was over, this advantage was gone by it.
if both get injury in the accident, the advantages would offset each other.