Legal provisions of criminal understanding

Legal analysis:

The nature of the difference is different. Criminal reconciliation agreement is about compensation, and criminal understanding is a statement of understanding about criminal acts. Another difference is that the criminal reconciliation agreement is a * * * expression with the same meaning, which requires the signature of both parties, but the criminal understanding is made unilaterally and does not require the signature of the other party. Article 288 of the Criminal Procedure Law stipulates that in the following public prosecution cases, if the criminal suspect and defendant sincerely repent, and the victim's understanding is obtained through compensation for losses, apology, etc., and the victim voluntarily reconciles, the two sides can reconcile: (1) Because of a civil dispute, they are suspected of committing crimes stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and can 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.

Legal basis:

Article 290 of the Criminal Procedure Law of People's Republic of China (PRC) * * * 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.