Legal analysis
Negligence causing serious injury has constituted a crime in criminal law. According to the procedure of the criminal procedure law, the public security should file a case for investigation and then hand it over to the procuratorate for public prosecution. But we can try our best to compensate the families of the injured for their economic losses. To gain the victim's understanding of the crime. A criminal letter of understanding generally refers to a written document of a legal nature issued by the victim when the victim and the criminal suspect or their families reach a settlement on the handling result of a criminal case. The letter of understanding is generally completed in the process from public prosecution to court cross-examination, and has the effect of discretionary mitigation and lighter punishment in criminal law. There is no fixed format for the writing of criminal understanding. The purpose of issuing a letter of understanding is to reduce the punishment of the criminal suspect, and some of them can obtain bail for the criminal suspect pending trial. Therefore, the letter of understanding is sent by the victim to the criminal's family, and is generally handled by the competent lawyer. The letter of understanding should clearly state the incident that caused the victim's injury, and should clearly state that the compensation has been reached and the actual compensation has ended. If the victim has not been harmed, there is no need to express it, but the focus of the letter of understanding should be clear that the victim has understood it, and at the same time, the victim requests to be exempted from investigating the criminal responsibility of the defendant (criminal suspect).
legal ground
Criminal law of the people's Republic of China
Article 235 Whoever negligently injures another person and causes serious injury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Where there are other provisions in this Law, such provisions shall prevail.
Article 234 Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail. Article 234-1 Whoever organizes others to sell human organs shall be sentenced to fixed-term imprisonment of not more than five years and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or confiscated. Whoever picks up his organs without his own consent, or picks up organs of people under the age of 18, or forces or deceives others to donate organs, shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Whoever, in violation of state regulations, takes his corpse and organs against his will before his death, or takes his corpse and organs against his will before his death without the consent of his close relatives, shall be convicted and punished in accordance with the provisions of Article 302 of this Law.