1. The suspect is a natural person and is effectively controlled;
2. The crime committed by the criminal suspect is a substantive crime with a clear victim;
3. The basic facts of the case are clear and the basic evidence is true and sufficient;
4. The criminal suspect pleads guilty and repents, and has no objection to the basic facts;
5. The statutory penalty is fixed-term imprisonment of not more than three years, with minor circumstances and little harm.
The scope of criminal reconciliation is 1, cases of intentional destruction of property, cases of sabotage of production and operation, and cases of minor injuries;
2. Obstruction of freedom of communication;
3. Cases of trespassing on other people's houses;
4. Illegally detaining others due to legal debts or economic disputes, and there are no circumstances such as beatings and insults;
5. Traffic accidents;
6. Theft and fraud cases that occurred for the first time due to lack of life;
7. Disputes such as first-time offenders, occasional offenders, students at school, minors, elderly people over 70 years old, pregnant women with babies under one year old, lactating women, preparatory offenders, discontinued offenders, excessive defense, excessive hedging, relatives, friends, neighbors, classmates and colleagues belong to the scope of private prosecution.
If criminal reconciliation does not apply:
1. The perpetrator is a recidivist, or intentionally commits a crime during serving a sentence, probation, reeducation through labor and taking compulsory measures;
2. The perpetrator has committed crimes for many times;
3. Cases caused by affray and affray involving guns, weapons, hired killers or manipulated by evil forces;
4. Other criminal cases that are not suitable for reconciliation.
The parties may voluntarily solve the problem in the following ways:
1. Both parties reached a settlement;
2. The criminal suspect in custody entrusts his close relatives, lawyers or unit leaders to reach a settlement with the victim;
3, the people's mediation committee or other grassroots organizations under the auspices of reconciliation;
4. Reconciliation reached under the auspices of other third parties recognized by both parties;
5. The parties to a traffic accident case request the public security traffic management department to mediate and reach a settlement.