A criminal understanding letter generally refers to a written document of a legal nature issued by the victim in a criminal case to resolve the outcome of the criminal case between the victim and the criminal suspect or his family. The purpose of the letter of understanding is to reduce the punishment of the criminal suspect, and some can be released on bail pending trial. Therefore, the letter of understanding is given by the victim to the family of the criminal suspect. Generally, the attorney handles the specific treatment of the criminal suspect. The premise of the letter of understanding is that the crime has caused The victim's injury should be stated as having reached a compensation agreement and ended with actual compensation. If there is no harm to the victim, there is no need to express it in the letter of understanding, but the focus of the letter of understanding should clearly express that the victim has understood, and at the same time, the victim requests to be exempted from the defendant. criminal liability of the person (criminal suspect). The letter of understanding is usually completed during the procuratorate's interrogation process with the court, which means that it can be submitted and completed during the three stages of the procuratorate's case handling: investigation stage, review and prosecution stage, and trial stage. It has the effect of lenient and reduced punishment in criminal law.
Legal Basis
"Criminal Procedure Law of the People's Republic of China"
Article 288 In the following public prosecution cases, the criminal suspect or defendant Sincerely repent, obtain the victim's understanding by compensating for losses, apologizing, etc., and the victim voluntarily reconciles, the two parties can reconcile:
(1) Caused by civil disputes, suspected of Chapter 4 of the Criminal Law, Crimes stipulated in Chapter 5 can be punished with a penalty of not more than three years in prison;
(2) Cases of negligence crimes other than dereliction of duty crimes can be sentenced to a penalty of not more than seven years in prison.
If a criminal suspect or defendant has committed an intentional crime within five years, the procedures stipulated in this chapter shall not apply.
Article 289: When the parties reach a settlement, the public security organs, people's procuratorates, and people's courts shall listen to the opinions of the parties and other relevant persons, examine the voluntariness and legality of the settlement, and preside over the settlement. protocol.
Article 290: For cases in which a settlement agreement has been reached, the public security organs may make suggestions for leniency to the People's Procuratorate. The People's Procuratorate may make recommendations to the People's Court for lenient punishment; if the crime is minor and does not require a penalty, it may decide not to prosecute. The people's court may impose lenient punishment on the defendant in accordance with the law.