First, do you pay the lawyer back after a private settlement?
Settle privately and pay back the money to the lawyer. Settle privately and intentionally hurt him, such as only minor injuries, if the intentional injury is not serious. The case is dismissed after private reconciliation, and intentional injury to criminal reconciliation is allowed. But in fact, this kind of reconciliation is only the consensus of civil compensation for the parties, and the criminal responsibility is still determined by the court, which may be fixed-term imprisonment of less than three years. If the court is sentenced after successful mediation.
Intentional injury causing minor injuries has constituted the crime of intentional injury, which can be punished with fixed-term imprisonment of not more than three years, criminal detention or public surveillance according to law.
In the process of court trial, if the defendant and the victim successfully mediate and compensate the victim for the loss, the defendant should not be exempted from criminal responsibility, but the court can give the defendant a lighter punishment when sentencing. If the defendant has made compensation and obtained the understanding of the victim, the court may sentence the defendant to probation.
Second, what is the determination of the crime of intentional injury?
1, the form of intentional injury crime
Intentionally causing minor injuries, there is no problem of attempted crime, that is, if the actor subjectively only wants to cause minor injuries, but actually does not cause or cause minor injuries, it will not be punished as a crime. If the injury is intentional and obvious (such as causing serious injury or death), and the injury has already started, but it has not succeeded due to reasons other than will, it shall be punished as intentional injury (attempted).
If an actor who meets the requirements of the subject of the crime commits an injury under the condition of intentionally controlling the injury, causing physical injury to others and reaching the degree of minor injury, it can be regarded as the accomplishment of the crime of intentional injury. Intentional injury causes serious injuries, including two situations: first, the perpetrator obviously only has the intention of minor injuries, but the negligence causes serious injuries; Second, the actor obviously had the intention of serious injury, which objectively caused serious injury. Intentional injury causing death is a typical aggravated consequence crime. If intentional injury does not cause death, it should not be considered as an attempt of intentional injury to death. Subjectively intentional injury causing death shall be deemed as intentional homicide.
2. Harm others' health based on their promises.
This is a thorny issue. In many countries, the criminal law only clearly stipulates the punishment for the crime of homicide based on commitment, and its statutory punishment is lighter than that of ordinary intentional homicide, but there is no provision for the harm based on commitment. So some people think that since the criminal law only stipulates the crime of murder based on commitment, but not the crime of injury based on commitment, it shows that the injury based on the victim's commitment is innocent.
In contemporary society, when dealing with criminal cases or civil cases, both parties can reach a settlement agreement privately, and the settlement agreement still has legal effect. If an agent ad litem has been entrusted before and relevant services have been provided, you need to pay legal fees.