Legal analysis
You can make a decision not to prosecute. The people's court may punish the defendant lightly according to law. Therefore, the letter of understanding is only a light sentence as appropriate, and the specific sentence should be determined by the court in combination with other specific cases and lawyers' defense. The role of criminal letter of understanding in criminal proceedings: Criminal letter of understanding is one of the discretionary sentencing circumstances stipulated in criminal law. In the absence of statutory mitigating circumstances, this letter of understanding has become an important defense tool for the defense in criminal proceedings. Today, with the development of modern criminal procedure, criminal letters of understanding are paid more and more attention. A criminal letter of understanding generally refers to a written document of a legal nature issued by the victim when the victim and the criminal suspect or their families reach a settlement on the outcome of a criminal case. 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. 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 responsible lawyer. 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. If the premise of the letter of understanding causes harm to the victim, it shall be clearly 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 express it, but the focus of the letter of understanding should be clear that the victim has understood and the victim requests to be exempted from investigating the criminal responsibility of the defendant (criminal suspect). Criminal reconciliation should meet the following three conditions: 1. The criminal suspect (perpetrator) must confess. In other words, a confession is required. This is the first condition of the criminal reconciliation procedure, and it is also the channel for both sides to unblock the emotional block. If the suspect does not plead guilty, it is impossible to settle. 2. Reconciliation is voluntary. Generally speaking, the victim's voluntariness is essential, but in most cases, the offender's voluntariness is also required. 3. Applicable conditions of criminal reconciliation. Some people think that criminal reconciliation should be implemented in juvenile criminal cases. Others think that criminal reconciliation can only be applied to misdemeanor cases, such as fixed-term imprisonment of less than three years, criminal detention, public surveillance and other cases. Scholars believe that the above views are too conservative. The scope of criminal reconciliation can be further expanded.
legal ground
Article 279 of the Criminal Procedure Law of People's Republic of China (PRC), when handling juvenile criminal cases, public security organs, people's procuratorates and people's courts may, according to the circumstances, investigate the growth experience, criminal reasons and guardianship education of juvenile suspects and defendants. In the Decision of the National People's Congress on Amending the Criminal Procedure Law of People's Republic of China (PRC), chapter 108 is added as the fifth part, chapter II: "Proceedings in public prosecution cases where the parties reconcile" Article 277 In the following public prosecution cases, if the criminal suspect and the defendant sincerely repent, and the victim understands through compensation for losses or apology, and the victim voluntarily reconciles, both parties can reconcile: "(2) Except for the crime of dereliction of duty that can 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 278 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, examine the voluntariness and legality of the settlement, and preside over the preparation of a settlement agreement. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may punish the defendant lightly according to law. "