The understanding money of family members means that criminals compensate for civil losses caused by crimes. The criminal wants to ask the other party for forgiveness in the form of a letter of understanding and give him a sum of compensation. That compensation is called a settlement. Let's look at the nature of the family understanding fund.
Family understanding fund 1 1. What is the nature of crime understanding fund?
The nature of criminal understanding compensation is to compensate the civil liability in criminal facts, and it will not be exempted from criminal punishment because of paying compensation, but it can alleviate certain punishment. In criminal cases, the victim's understanding only affects the sentencing of criminal suspects. Whether compensation is needed depends on the victim's request. If the victim agrees not to pay compensation, there is no need to pay compensation.
If the victim does not agree, then compensation should be made within a reasonable range. In daily cases, it is easier to gain the understanding of the victim by making positive compensation, thus reducing the crime from the suspect.
According to the Guiding Opinions of the Supreme People's Court on the Sentencing of Joint Crimes, if a criminal reconciliation agreement is reached, factors such as the nature of the crime, the amount of compensation, apology and sincere repentance can be comprehensively considered, and the basic punishment can be reduced by less than 50%. If the circumstances of the crime are minor, the benchmark punishment may be reduced by more than 50% or exempted from punishment according to law.
According to "Guiding Opinions of the Supreme People's Court on Sentencing for Joint Crimes", those who actively compensate the victims for their economic losses and gain understanding can be reduced by less than 40% on the basis of the basic punishment by comprehensively considering the nature of the crime, the amount of compensation, the compensation ability and the degree of confession and repentance; Those who actively compensate but fail to reach an understanding can reduce the benchmark punishment by less than 30%; Although there is no compensation, if an understanding is reached, the benchmark penalty can be reduced by less than 20%; Among them, robbery and other crimes that seriously endanger public order should be strictly controlled.
2. What are the provisions on understanding in criminal law?
Article 278 If both parties reach a settlement, the public security organ, the people's procuratorate and the people's court shall listen to the opinions of the parties and other relevant personnel, examine the voluntariness and legality of the settlement, and preside over the making of a settlement agreement.
Article 279 The public security organ may make suggestions to the people's procuratorate for leniency in cases where a settlement agreement is reached. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may punish the defendant lightly according to law.
The above is the specific situation of criminal understanding compensation. For the facts of the crime that have been identified, criminals can deal with them by reaching an understanding at a later stage. Legally, the legal responsibility of relevant personnel can be investigated according to the principle of discretion. Under specific circumstances, it can be dealt with legally according to the above laws.
What provisions of Family Understanding Fund 2 have been forgiven by the victims?
For those who actively compensate the victims for their economic losses and reach an understanding, considering the nature of the crime, the amount of compensation, the compensation ability and the degree of confession and repentance, criminal punishment can be lightened, mitigated or exempted.
Criminal procedure law
Article 288 In the following cases of public prosecution, if the criminal suspect and the defendant sincerely repent and obtain the understanding of the victim by means of compensation for losses, apology, etc., and the victim voluntarily reconciles, both parties may reconcile:
(a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and may 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.
How much does it usually cost to write a letter of understanding from Family Understanding Fund 3?
According to the provisions of the Criminal Procedure Law, how much compensation is needed to obtain the victim's understanding is generally determined through consultation between the two parties or mediation by the judicial organs.
What is the function of criminal awareness?
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 outcome of a criminal case. The letter of understanding is generally completed in the process from public prosecution to court cross-examination, which has the effect of discretionary mitigation and lighter punishment.
In other words, the parties or victims have given emotional forgiveness, which also shows that the attitude of the parties or victims not to pursue it is of certain reference value for reducing or exempting punishment. The role of criminal awareness is conducive to your chances of getting a reduced sentence. Criminal understanding is a legal discretionary plot and a social effect. If the other party forgives you, then the judge will no longer have any burden, and you can also give a light sentence (within the fluctuation range stipulated by law).
Writing methods of criminal understanding
The criminal letter of understanding itself has no fixed format. The purpose of issuing letters of understanding is to reduce the punishment of criminal suspects, and some of them can be used to deal with criminal suspects. Therefore, the letter of understanding is sent by the victim to the criminal's family, and the responsible lawyer will generally handle it for the criminal suspect. But if the circumstances are minor and you don't need to hire a lawyer, you can refer to the format of this letter of understanding.
If the premise of the letter of understanding causes harm to the victim, it shall be clearly stated that the compensation has been reached and the actual compensation has ended. If there is no harm to the victim, there is no need to express it, but the focus of the letter of understanding should be clear that the victim has understood and the victim requests to be exempted from investigating the criminal responsibility of the defendant (criminal suspect).