Understanding the compensation standard of fees, it is difficult for us to do everything smoothly in life. When we encounter a problem, it always bothers us. There is no standard as to how much it usually costs to solve a traffic accident letter of understanding. We can only give reasonable compensation according to the loss situation and the compensation standard of the understanding fee.
Compensation standard for understanding fee 1 criminal understanding and compensation agreement
A criminal letter of understanding generally refers to a written document of a legal nature issued by the victim when the victim and the criminal suspect or their families reach a settlement on the outcome of a criminal case. 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.
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. However, if the circumstances are minor and you don't need to hire a lawyer, you can refer to other letter of understanding formats.
If the premise of the letter of understanding causes harm to the victim, it shall be stated that compensation has been achieved and the actual compensation result has been achieved. If there is no harm to the victim, it may not be said, but the focus of the letter of understanding should clearly indicate that the victim has understood, and the victim requests to be exempted from investigating the criminal responsibility of the defendant, that is, the criminal suspect.
Criminal procedure law
Article 289 If both parties reach a settlement, the public security organ, the people's procuratorate and the people's court shall listen to the opinions of the parties and other relevant personnel, examine the voluntariness and legality of the settlement, and preside over the making of a settlement agreement.
Article 290 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.
Compensation standard of understanding fee II. There are tens of thousands of letters of understanding in car accidents. How much does a letter of understanding for traffic accidents generally cost to solve?
A traffic accident letter of understanding refers to a legally binding written document issued by the victim when the victim of a traffic accident criminal case reaches a settlement with the criminal suspect or his family on the handling result of the traffic accident case. If you can get a letter of understanding, you can also give a lighter or mitigated punishment.
As for how much it costs to solve the traffic accident letter of understanding, it depends on the specific situation. There is no clear amount or rigid requirement for the specific amount in national laws. If this happens unfortunately, we should also go to the relevant government agencies in time to understand the cause of the incident, actively cooperate, and strive for a lighter or mitigated punishment.
How much is a general traffic accident letter of understanding? Mainly depends on the proportion of responsibility for the accident and the actual losses caused. The compensation items for traffic accidents include medical expenses, lost time, transportation expenses, hospitalization expenses, nursing expenses and compensation for mental damage. If disability is caused, disability compensation and assistive devices for disabled living shall be paid. When a person dies, death compensation and funeral expenses should also be paid.
In the case of obtaining a letter of understanding, the actor can get a commutation, and the specific amount of commutation needs to be determined according to the situation. For example, if the perpetrator can actively compensate the economic losses of the injured party and obtain the understanding of the victim, then according to his confession, repentance, nature of the crime, compensation amount, compensation ability, etc., it can be reduced by less than 40% on the basis of the benchmark punishment.
If a letter of understanding is not obtained, but the actor actively compensates, the benchmark punishment can also be reduced by less than 30%. The perpetrator does not compensate the injured party for the losses, but if he obtains a letter of understanding from the injured party, the benchmark punishment may be reduced by less than 20%.
3. Compensation standard for traffic accident death compensation
First, the compensation standard of traffic accident death compensation
1, funeral expenses
The person who undertakes the funeral obligation of the deceased has the right to ask the obligor to pay the funeral expenses. The funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located, and the total amount is 6 months.
2. Dependent's living expenses
If the deceased has minor or incapacitated adult close relatives and has no other source of support, the compensation obligor shall compensate the living expenses of the dependents, and the amount of compensation shall be calculated according to the annual per capita consumption expenditure of the Court of Appeal (divided into urban per capita consumption expenditure and rural per capita consumption expenditure).
Living expenses of the dependents = annual per capita living expenses of the appealed court in the previous year * compensation time/year.
The calculation method of compensation time is:
If the dependent is a minor, it is counted as an adult, that is, 18 years old. Dependent 10 years old, the compensation time is 8 years;
If the dependent has no ability to work and no other source of income, the compensation time is 20 years. However, if the person is over 60 years old, every increase in age by 65,438+0 years will decrease by 65,438+0 years. If the dependent is 65 years old, the compensation time is 20-5 = 15 years. Over 75 years of age, the compensation time is 5 years.
3. Compensation for death
The amount of death compensation shall be calculated according to the per capita disposable income (divided into per capita disposable income of urban residents or per capita net income of rural residents) in the previous year where the Court of Appeal is located.
Death compensation = per capita disposable income of last year * compensation time/year
The compensation time is calculated as 20 years. However, for those over 60 years old, every increase in age 1 year decreases 1 year; Over 75 years of age, calculated by 5 years.
4. Compensation for mental damage
As a close relative of the deceased, who has caused mental damage due to the death of his loved one, he has the right to pay the compensation obligor for mental damage, and if serious consequences are caused, the court may, at his request, order the compensation obligor to compensate the corresponding mental damage. It should be noted that this right of claim is limited to the close relatives of the deceased.
Second, how to calculate the traffic accident death compensation?
Calculation formula of death compensation:
1, compensation for death of persons under 60 years old = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) X20 years.
2.60-75 years old death compensation = per capita disposable income of urban residents in the previous year (per capita net income of rural residents) X[20- (actual age -60)]
3. Death compensation for people over 75 years old = per capita disposable income of urban residents in the previous year (net income of rural residents) X5 years.