The role of criminal understanding
The role of (1) in the investigation stage
For relatively minor cases, the nature is not particularly serious, such as intentional injury causing minor injuries, traffic accidents, theft and so on. And if there is a statutory lighter punishment, the general investigation organ will dismiss it through the settlement of compensation by the suspect's family and the application for withdrawal of the case to the investigation organ.
These misdemeanors include intentional injury (causing minor injuries), illegal intrusion into the house, violation of freedom of communication, bigamy, abandonment, etc., as well as other circumstances stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law. The defendant may be sentenced to fixed-term imprisonment of not more than three years.
For relatively serious cases, although reconciliation and compensation by the suspect's family will reduce the punishment, the case will not be revoked and the case will be transferred to the procuratorate for review and prosecution.
(2) At the stage of review and prosecution
"In a case that meets the circumstances, the criminal suspect or defendant sincerely repents, actively compensates the victim for understanding, and the victim voluntarily reconciles, which can be treated leniently. If the circumstances of the crime are minor, a decision not to prosecute may be made. "
The criminal suspect actively compensates and obtains the understanding of the victim. If the circumstances are minor, he may make a decision not to prosecute.
If the procuratorial organ considers that the social danger has been eliminated after examination, it may not be arrested, which is very important for obtaining bail pending trial. If the circumstances are minor, a decision not to prosecute may be made.
(3) At the trial stage of first instance
In the trial stage, according to the relevant laws, the letter of understanding is an important discretionary mitigating circumstance, and the court can lower the benchmark punishment according to the actual situation, thus giving the defendant a lighter punishment.
"For those who actively compensate the victims for their economic losses and get an understanding, considering the nature of the crime, the amount of compensation, the compensation ability and the degree of confession and repentance, the benchmark punishment can be reduced by less than 40%;
Those who actively compensate but fail to reach an understanding can reduce the benchmark punishment by less than 30%; Although there is no compensation, if an understanding is reached, the benchmark penalty can be reduced by less than 20%. Among them, robbery, rape and other crimes that seriously endanger public order should be strictly controlled. "
According to the provisions of Article 277 of the Criminal Procedure Law, if the parties reach a criminal reconciliation agreement, they can reduce the basic punishment by less than 50% by comprehensively considering the nature of the crime, the amount of compensation, apology, sincere repentance and other factors. If the circumstances of the crime are minor, the benchmark punishment may be reduced by more than 50% or exempted from punishment according to law.
(4) The role in the second trial.
If, for various reasons, the victim's letter of understanding cannot be obtained before the end of the trial in the first instance, is it useful to obtain the letter of understanding in the second instance? The answer is yes, the letter of understanding will still be an important factor for the judge to consider in the second instance, and it is possible to get a chance to revise the sentence. For details, please refer to Sun Weiming's drunk driving case (death sentence was pronounced in the first instance, and life imprisonment was changed after the understanding was obtained in the second instance).
legal ground
Article 290 of the Criminal Procedure Law
For cases that have reached a settlement agreement, the public security organ may make suggestions to the people's procuratorate for leniency. 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.