1. If the criminal suspect and the victim reach a compensation agreement and the victim understands, the judicial organ may give a lighter, mitigated or exempted criminal punishment;
2, so after getting the letter of understanding, you still need to go to jail, and it may happen;
3. Obtaining a letter of understanding is only a condition that can be lightened or mitigated, but it cannot be exempted from criminal punishment;
4. The letter of understanding is a circumstance that the presiding judge gives the defendant a lighter or mitigated punishment at his discretion, not a statutory lighter or mitigated punishment;
5. If the circumstances of the crime are minor, the defendant may be exempted from criminal punishment. According to the relevant laws and regulations, if the actor is at fault and cannot prove that he is innocent, he shall bear tort liability.
The functions of criminal understanding for criminal proceedings are as follows:
1. The criminal understanding is one of the discretionary sentencing circumstances stipulated in the criminal law. In the absence of statutory mitigating circumstances, the letter of understanding has become an important defense tool in criminal proceedings. Today, with the development of modern criminal procedure, criminal letters of understanding are paid more and more attention.
2, criminal understanding, generally refers to the victim of a criminal case and criminal suspects or their families, reached a settlement on the outcome of the criminal case, and written documents of a legal nature issued by the victim. The letter of understanding is generally completed in the process from public prosecution to court cross-examination, and has the effect of discretionary mitigation and lighter punishment in criminal law.
3. The criminal letter of understanding itself has no fixed format. The purpose of issuing letters of understanding is to reduce the punishment of criminal suspects, and some can release criminal suspects on bail pending trial. Therefore, the letter of understanding is sent by the victim to the criminal's family, and is generally handled by the lawyer for the criminal suspect. But if the circumstances are minor and you don't need to hire a lawyer, you can refer to the format of this letter of understanding.
4. If the premise of the letter of understanding causes harm to the victim, it shall be stated that the compensation has been reached and the actual compensation has ended. If there is no harm to the victim, there is no need to show it. However, the focus of the letter of understanding should be clear that the victim has understood that the victim requests to be exempted from investigating the criminal responsibility of the defendant (criminal suspect).
To sum up, if the criminal suspect and the defendant sincerely repent and obtain the victim's understanding through compensation for losses, apology, etc., and the victim voluntarily reconciles, both parties can reconcile. After the settlement, if the crime is minor, no penalty may be imposed. It should be decided according to the specific situation.
Legal basis:
Article 288th of the Criminal Procedure Law of People's Republic of China (PRC).
The scope of application of the settlement agreement In the following public prosecution cases, the criminal suspect and the defendant sincerely repented and obtained the victim's understanding through compensation for losses and apology. , and the victim voluntarily reconciled, the two sides can reconcile:
(a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than three years;
(two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years.
If a criminal suspect or defendant intentionally commits a crime within five years, the procedures specified in this chapter shall not apply.
Article 289
Review and production of a settlement agreement If both parties reach a settlement, the public security organ, the people's procuratorate and the people's court shall listen to the opinions of the parties and other relevant personnel, review the voluntariness and legality of the settlement, and preside over the production of the settlement agreement.