The role of the victim's letter of understanding

Legal analysis: 1. Criminal understanding is one of the discretionary sentencing circumstances stipulated in criminal law. In the absence of statutory mitigating circumstances, the letter of understanding has become an important defense tool in criminal proceedings. Today, with the development of modern criminal procedure, criminal letters of understanding are paid more and more attention.

2, criminal understanding, generally refers to the victim of a criminal case and criminal suspects or their families, reached a settlement on the outcome of the criminal case, and written documents of a legal nature issued by the victim. 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.

3. 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 can release criminal suspects on bail pending trial. Therefore, the letter of understanding is sent by the victim to the criminal's family, and is generally handled by the lawyer 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.

4. If the premise of the letter of understanding causes harm to the victim, it shall be 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 show it. However, the focus of the letter of understanding should be clear that the victim has understood that the victim requests to be exempted from investigating the criminal responsibility of the defendant (criminal suspect).

5. If the premise of the letter of understanding causes harm to the victim, it shall be 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 show it. However, 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).

6. As can be seen from the above introduction, the victim's letter of understanding can play a role in lightening or mitigating punishment. I believe that after reading the above introduction, you have a certain understanding of the role of legal knowledge in criminal understanding. If you still have legal questions about this, if you have any questions or further legal needs, you can consult the lawyers of Hualv. com Online, and we will provide you with quality legal services.

Legal basis: Article 288 of the Criminal Procedure Law of People's Republic of China (PRC). 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 or apology, 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.