Is it legal to re-sentence the criminal if the criminal fails to fulfill the mediation agreement and the victim asks the court to cancel the mediation or the mediation is invalid?

I. How to deal with the failure of criminal reconciliation agreement Criminal reconciliation agreement has the same legal effect as civil mediation, and the victim of criminal reconciliation agreement can apply for enforcement.

II. Legal Provisions

Article 278 of China's Criminal Procedure Law stipulates: "The parties to 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." In the judgment, the court confirmed the criminal settlement agreement that sentenced the defendant to probation and found it as evidence.

In criminal cases, if the victim or his family members need to sign a criminal reconciliation agreement, they often have to follow the corresponding procedures, otherwise the consequences will be particularly troublesome. If you are not clear about the requirements for handling the non-performance of the criminal settlement agreement, please come to a lawyer to help you deal with it in time.