First, the writing method
1, the criminal letter of understanding itself has no fixed format. The purpose of issuing a letter of understanding is to reduce the punishment of the criminal suspect, and some of them can release the criminal suspect on bail pending trial, so the letter of understanding is issued by the victim to the criminal family.
2. Generally, the lawyer will handle the case for the suspect, but if the circumstances are minor and it is not necessary to hire a lawyer, you can refer to the format of this letter of understanding.
3. If the premise of the letter of understanding causes injury to the victim, it shall be stated that compensation has been reached and the actual compensation is over. If the victim is not harmed, there is no need to show it.
Second, how important is the letter of understanding in criminal cases?
1, the defendant obtained the understanding of the victim, and the victim issued a letter of understanding, indicating that the destroyed social relations have been repaired to a certain extent. Therefore, the understanding of the offender is a very important discretionary sentencing circumstance.
2. From the substantive point of view, if the evidence of the case can be convicted and criminal understanding can be obtained, the criminal suspect and the defendant can plead guilty and repent, and the victim's understanding can be taken as an important consideration for the procuratorial organ to put forward suggestions to reduce sentencing, which can make the court punish the defendant lightly.
3. From the procedural point of view, after obtaining the understanding of the victim, you can refuse to approve the arrest and change the compulsory measures into bail pending trial. It may also cause the public security organ to withdraw the case and the procuratorial organ to make a decision not to prosecute, which will affect the trend of the lawsuit.
Three, the format of the letter of understanding is usually divided into three parts.
1, the first part, brief description of the case (time and place of occurrence);
2. In the second part, it is clear that the criminal suspect and the defendant have apologized, and the two sides reached an understanding plan through consultation, and the criminal suspect and the victim actively compensated for the losses;
3. The third part expresses understanding to the criminal suspect and defendant, and requests the case-handling unit to be given a lighter, mitigated or exempted punishment.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 288
In the following cases of public prosecution, the criminal suspect or defendant sincerely repents and obtains the understanding of the victim by means of compensation for losses, apology, etc. , and the victim voluntarily reconciled, both parties can reconcile:
(a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than three years;
(two) criminal cases of negligence other than dereliction of duty that may 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 289
If the two sides 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, review the voluntariness and legality of the settlement, and preside over the production of a settlement agreement.
Article 290
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.