Since the defendant's confession and repentance, compensation for losses and apology are often prerequisites for obtaining the victim's understanding, obtaining the victim's understanding indirectly means that the social harm of the crime and the personal danger of the defendant have been reduced, which will inevitably have an impact on sentencing. ?
Although the current criminal law of our country does not stipulate the victim's understanding as a sentencing circumstance, it does not violate the sentencing guiding principle stipulated in Article 6 1 of the Criminal Law to punish the defendant leniently because of the victim's understanding. ?
Article 23 of "Several Opinions of the Supreme People's Court on Implementing the Criminal Policy of Tempering Justice with Leniency" stipulates that if the victim and his family show understanding to the defendant for the crime caused by the intensification of civil disputes such as marriage and family, they can be lenient according to law, and if they don't need to be sentenced to punishment, they can be exempted from criminal punishment. ?
Article 40 stipulates that in criminal cases of private prosecution, mediation should be conducted as far as possible to resolve contradictions and urge both parties to reconcile themselves. After the work of judicial organs, the defendant pleads guilty and repents, and is willing to compensate the victim for the losses, so as to obtain the victim's understanding and reach a settlement agreement, the victim may withdraw the prosecution, or be given a lighter or exempted from criminal punishment according to law. ?
What is the range of lenient punishment for the victim's understanding?
The Supreme People's Court's Guiding Opinions on Sentencing for Joint Crimes stipulates that if the victim or his family members forgive, they can comprehensively consider the nature of the crime, the severity of the crime, the reasons for understanding and the degree of confession and repentance, and reduce it by less than 20% on the basis of the benchmark punishment. How to grasp the lighter proportion of the victim's understanding in specific cases mainly considers the following factors:
1. The nature and seriousness of the crime. ?
2. Reasons for understanding and the degree of truth. ?
3. The degree of confession and repentance. ?
Extended data:?
The defendant's litigation rights are:
(1) Presentation right. When interrogating the defendant, give him the opportunity to state and defend himself;
(2) the right of cross-examination. The right of the criminal defendant to ask questions to witnesses and experts during the trial;
(3) the right to apply for investigation of evidence. The criminal defendant may apply to the court for obtaining evidence and calling witnesses, and the appraiser also has the right to ask for confrontation with other defendants;
(4) the right to debate. The right of criminal defendants to debate on facts and laws, as well as the probative force and procedure of evidence;
(5) choose to defend human rights. Criminal suspects and defendants have the right to entrust defenders to provide legal assistance and defend themselves;
(6) the right to relief. If a criminal defendant refuses to accept the court's judgment or ruling, he has the right to obtain relief;
(7) the right to withdraw the application. In order to prevent judicial personnel with reasons for withdrawal from affecting the fair handling of cases, the defendant is given the right to apply for withdrawal as a relief.
Reference: Supreme Law-the Supreme People's Court's Guiding Opinions on Sentencing for Joint Crimes.