The investigation of public security organs is a state act, not a private act, which can not be solved by private people who want to mediate, and private people are not allowed to interfere.
Criminal public prosecution cases are prosecuted by the procuratorate on behalf of the state, and the withdrawal of the case must meet the statutory conditions.
Even if the compensation is forgiven by the victim, the victim cannot withdraw the lawsuit. If the two sides reach a settlement, it can be used as a condition for a lighter punishment.
Is the settlement agreement valid?
In disputes over the right to health, it will be agreed that the infringer will compensate the injured party for economic losses (the compensation amount is mostly greater than the actual losses), and the injured party will not pursue the criminal responsibility of the infringer. Some people think that this kind of agreement is effective, mainly because the "settled" agreement is the result of the autonomy of the parties, which is signed by both parties voluntarily and does not violate the mandatory provisions of the law. Others think that such an agreement is invalid, and it is signed by the infringed person in order to evade criminal responsibility, which belongs to covering up illegal purposes in a legal form.
The validity of the "reconciliation" agreement should be specifically analyzed:
If the victim's injury is less than minor injury and does not constitute a criminal offence, then the agreement is valid.
As far as civil compensation is concerned, the agreement is valid. The agreement is agreed by both parties, which embodies the autonomy of the parties, does not violate the mandatory provisions of the law, and there is no need for the law to interfere too much. But it is invalid in exempting the infringer from criminal responsibility. Criminal law is a public law, and the legal interest of intentional injury is not single. The legal interests infringed by it are not only the victim's right to body and health, but also the public management order of the country. Therefore, only obtaining the victim's understanding cannot exempt him from criminal illegality.
If the victim's injury is more than minor injuries, then such a "settlement" agreement should be partially effective and partially invalid.
Whether to investigate the criminal responsibility of the infringer is beyond the control of the victim and does not depend on the will of the victim. Therefore, it has no practical significance and is an invalid agreement to exempt from criminal responsibility.
The main difference between criminal cases and civil cases is that most criminal cases cannot be withdrawn or reconciled privately. The only criminal cases that can be reconciled by the parties themselves are private prosecution cases and intentional injury cases that do not reach serious injury, such as insult and slander cases, abuse cases and embezzlement cases. Once the public security organs or procuratorates intervene in the case, most criminal cases cannot be settled.
Legal basis:
Article 64 of the criminal law
All property illegally acquired by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.
Article 110 of the Criminal Procedure Law
The people's court, the people's procuratorate or the public security organ shall, within the jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if it is considered that there are criminal facts that need to be investigated for criminal responsibility, it shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.
Article 1 1 1
Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court.
Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply.