A criminal letter of understanding generally refers to a settlement reached between the victim of a criminal case and the criminal suspect or his family on the result of handling a criminal case. A written document of a legal nature issued by the victim is generally completed in the process from prosecution to court cross-examination, which has the effect of discretionary mitigation and lighter punishment in criminal law.
It is generally not considered a crime to extort money from close relatives and get forgiveness. If it is found to be a crime, it should be treated leniently as appropriate. If the victim is at fault for the occurrence of extortion, he may be given a lighter punishment according to the degree of the victim's fault and the circumstances of the case. If the circumstances are obviously minor, it is not considered a crime.
Because criminal understanding is mainly used as a reference for the people's court to sentence the defendant suspected of causing traffic accidents, criminal understanding has legal significance because the defendant compensated the victim and the victim expressed his understanding of the defendant's criminal behavior that caused damage to the victim. Usually, this understanding is made voluntarily on the basis of compensation.
The criminal letter of understanding itself has no fixed format. The purpose of issuing criminal letters of understanding is to reduce the punishment of criminal suspects, and some can release criminal suspects on bail pending trial. Therefore, the criminal letter of understanding is issued by the victim to the criminal's family, and is generally handled by the lawyer in charge for the criminal suspect. However, if the circumstances are minor and you don't need to hire a lawyer, you can refer to the format of this criminal understanding.
If the victim is injured under the premise of criminal understanding, it should be stated that compensation has been reached and the actual compensation has ended. If the victim is not injured, it may not be said, but the focus of criminal understanding should clearly indicate that the victim has understood and the victim requests to be exempted from criminal responsibility of the criminal suspect.
laws and regulations
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 victim's understanding through compensation for losses or apology. (1) If a civil dispute is caused, it is suspected of a criminal case stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law and can 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.