1. The writer must be the legal victim or his legal representative: the victim can be a natural person or a legal person; The legal representative of the victim can be parents, guardians, etc. If the victim is dead or incapacitated, his immediate family members may be regarded as legal representatives.
2. The content must clearly indicate the willingness to forgive the offender: the letter of understanding should clearly record the willingness of the victim or his legal representative to forgive the offender, and it must be true and voluntary, without any coercion or inducement, and should indicate the specific criminal facts and compensation.
3. The format shall meet the relevant legal requirements: the letter of understanding shall be issued in writing and stamped with the seal of the notary office if necessary.
The influence of criminal awareness;
Although the understanding of criminal law does not mean that the perpetrator can be completely exempted from criminal responsibility, if all the above conditions are met, the instrument can be used in defense or litigation strategy to reduce criminal responsibility or change the criminal result. In addition, the letter of understanding also has an important impact on the court's administrative handling and the reconciliation between the victim and the offender.
To sum up, the validity of criminal understanding needs to meet the following conditions: the writer must be a legal victim or his legal representative; The content must clearly express the will to forgive the actor, and it must be true and voluntary; The format shall comply with relevant legal requirements. The understanding of a crime that meets these conditions can, to a certain extent, affect the criminal responsibility of the perpetrator and the handling result, and have a certain impact on the court's handling decision.
Legal basis:
Criminal law of the people's Republic of China
Article 27
Those who play a secondary or auxiliary role in the same crime are accomplices.
An accessory shall be given a lighter, mitigated or exempted punishment.