Is a letter of understanding issued after a traffic accident resulting in death legally binding?

Legal Analysis:

Useful. The purpose and function of a letter of understanding is that the court can (but is not required to) consider a lighter punishment when hearing a criminal case, but it does not have the effect of exempting the person from punishment under any circumstances, so the prosecutorial office will continue to pursue the other party's criminal liability. A criminal understanding letter generally refers to a written document of a legal nature that is reached between the victim of a criminal case and the criminal suspect or his family regarding the outcome of the criminal case, and is issued by the victim. The letter of understanding is usually completed between the filing of a public prosecution and the opening of court interrogation, and has the effect of lenient or reduced punishment in criminal law. If the crime is minor and does not require a penalty, a decision may be made not to prosecute. The people's court may impose lenient punishment on the defendant in accordance with the law.

"Criminal Procedure Law of the People's Republic of China"

Article 289: Where parties reconcile, the public security organs, people's procuratorates, and people's courts shall listen to the opinions of the parties and other relevant persons , review the voluntariness and legality of the settlement, and preside over the conclusion of the settlement agreement.

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.

I. Anyone who causes a traffic accident under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

1. Causing the death of one person or serious injury to three or more people, taking full responsibility for the accident, or Mainly responsible;

2. Those who cause the death of three or more people shall bear equal responsibility for the accident;

3. Those who cause direct losses to public property or other people’s property shall bear all the responsibilities for the accident The liability or main liability and the inability to compensate the amount exceeds 300,000 yuan.

2. If a traffic accident causes serious injuries to one or more people, who bears full or major responsibility for the accident, and falls under any of the following circumstances, he shall be convicted and punished for the crime of traffic accident:

1. Drinking alcohol , Driving a motor vehicle after taking drugs;

2. Not qualified to drive a motor vehicle;

3. Driving a motor vehicle knowingly that the safety devices are incomplete or the safety facilities are faulty;