1, the letter of understanding about theft has little effect. Generally speaking, after the theft crime is filed, the public security organ will transfer the criminal evidence to the public security organ for prosecution.
2. The final judgment of the court mainly depends on the amount of theft, the circumstances of the crime and the attitude of the parties to plead guilty. Of course, the letter of understanding issued by the victim is also useful to a certain extent, which can help the court to punish lightly.
Criminal understanding still has a great influence on the sentencing consideration of criminal suspects. If the suspect pleads guilty, repents, returns the stolen money and compensation, and obtains a criminal understanding, even the public prosecution organ can make a decision not to prosecute, and the judicial organ can also make a judgment exempting from criminal punishment.
Sentencing standards for theft: fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine or a single fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
The constitutive elements of theft are as follows:
1, the main component of theft is the general subject;
2. Subjective elements are direct and intentional psychological attitudes aimed at illegal possession;
3. The object element is the ownership of public and private property;
4. The objective element is the act of transferring public and private property to one's own control and illegally possessing it by secret stealing.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 264 of the Criminal Law of People's Republic of China (PRC)
Whoever steals public or private property in a large amount, or repeatedly steals, enters a house, carries a murder weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined;
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;
If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.