How much does a criminal understanding letter cost?
There are no clear rules for negotiations between the two parties.
Article 288 of the Criminal Procedure Law
In the following public prosecution cases, the criminal suspect or defendant sincerely regrets his crime and obtains the victim's forgiveness through compensation for losses, apology, etc. , and if the victim voluntarily reconciles, the two parties may reconcile:
(1) Due to a civil dispute, a criminal case stipulated in Chapter 4 and Chapter 5 of the Criminal Law may be sentenced to a fixed-term imprisonment of not more than three years.
(2) Cases of criminal negligence other than dereliction of duty that may be punished with a fixed-term imprisonment of not more than seven years.
If a criminal suspect or defendant intentionally commits a crime within five years, the procedures stipulated in this chapter shall not apply.
Article 289
If the two parties reach a settlement, the public security organs, people's procuratorates and people's courts shall listen to the opinions of the parties and other relevant persons, examine the voluntariness and legality of the settlement, and Presided over the preparation of the settlement agreement.
Article 290
For cases in which a settlement agreement has been reached, the public security organ may make suggestions for leniency to the People's Procuratorate. The People's Procuratorate may make recommendations to the People's Court for leniency in 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.
A criminal understanding letter generally refers to a written document of a legal nature issued by the victim when the victim and the criminal suspect or his family reach a settlement on the outcome of the criminal case. The purpose of issuing a letter of understanding is to reduce the punishment of the criminal suspect, and in some cases, the criminal suspect can be released on bail pending trial. Therefore, the letter of understanding is issued by the victim to the family of the criminal suspect, and is usually handled by the lawyer in charge. The premise of the letter of understanding is that compensation has been reached and the actual compensation has been completed. If no harm is caused to the victim, there is no need to state it, but the focus of the letter of understanding should be to make it clear that the victim has understood that the victim requests to be exempted from the prosecution of the defendant (criminal suspect).
The letter of understanding is usually completed during the process from prosecution to court cross-examination, which means that the three stages of a public prosecution case can be completed: investigation stage, review and prosecution stage, and trial stage. It has the effect of discretionary mitigation and lighter punishment in criminal law.
The criminal understanding is written by the victim. How the victim knows the criminal suspect needs to be determined by the actual behavior of the criminal suspect. If the suspect's family is willing to pay a certain amount of compensation to the victim and the victim's family, they can write a criminal understanding letter. The specific content needs to be discussed by both parties before a result can be reached.