If a traffic accident results in death and constitutes a criminal offense, the other party’s family can issue a criminal understanding letter. A criminal understanding letter generally refers to the relationship between the victim of a criminal case and the criminal suspect or his family. A written document of a legal nature issued by the victim to reach a settlement on the outcome of a criminal case. You can authorize a lawyer to handle the letter of understanding with the other party. The signature of both parties takes effect immediately and has legal effect. Applying for a criminal understanding letter is one of the discretionary sentencing circumstances stipulated in the criminal law. In the absence of statutory mitigating circumstances, the letter of understanding has become an important defense method for defenders in criminal proceedings. It is increasingly used in modern criminal proceedings. In today's developed world, criminal understanding letters are getting more and more attention. The parties to the settlement, the public security organs, the People's Procuratorate, and the People's Court shall listen to the opinions of the parties and other relevant persons, review the voluntariness and legality of the settlement, and preside over the preparation of a settlement agreement.
Legal basis:
"Criminal Procedure Law of the People's Republic of China"
Article 288 In the following public prosecution cases, criminal suspects and defendants Sincerely repent, obtain the victim's understanding by compensating the victim's losses, making an apology, etc., and the victim voluntarily reconciles,
(1) Caused by civil disputes, suspected of crimes stipulated in Chapters 4 and 5 of the Criminal Law , a case in which a penalty of not more than three years in prison may be imposed;
(2) A case in which a crime of negligence other than the crime of dereliction of duty may be sentenced to a penalty of not more than seven years in prison.
If the criminal suspect or defendant has a criminal record of intentional crime within five years, the procedures specified in this chapter are not applicable.
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 a lighter punishment on the defendant in accordance with the law.
Derived questions:
How to write a letter of understanding in a criminal case so that it is valid
It is valid if it states that a compensation agreement has been reached and the actual compensation has been completed. A criminal understanding letter generally refers to a written document of a legal nature issued by the victim and the criminal suspect or his family to reach a settlement on the outcome of the criminal case in a criminal case. The purpose of issuing a 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 issued by the victim to the family of the criminal. Generally, the attorney handles the specific treatment of the criminal suspect. The letter of understanding is usually It is completed from the filing of a public prosecution to the court interrogation, which has the effect of lenient and reduced punishment in criminal law.