At present, there is no provision for this in our country's laws. Of course, the person who issued the letter of understanding can announce the withdrawal, but there may be many results. Because the letter of understanding is mainly used as a reference for the people's court to sentence the defendant suspected of traffic accidents;
The legal significance of the letter of understanding lies in the defendant's compensation to the victim, and the victim's understanding of the defendant's criminal behavior that caused the victim's damage. Usually, this understanding is made voluntarily on the basis of compensation.
1. If the victim has reached an agreement with the defendant on compensation, obtained compensation, issued a letter of understanding, and then repented and requested to withdraw the letter of understanding, the people's court may consider that the victim has violated the principle of good faith and will still give the defendant a lighter punishment. Of course, it may also be that the letter of understanding has been withdrawn, so it will not be given a lighter sentence based on this.
2. The two sides only reached an agreement and issued a letter of understanding first, but the defendant failed to pay compensation according to the agreement afterwards, and the injured party requested to withdraw the letter of understanding, it shall be deemed that the two sides failed to reach a compensation agreement, and the injured party failed to understand the defendant, and the people's court will not give a lighter judgment.
Extended data:
Chapter II of Criminal Law: Litigation Procedure of Public Prosecution Cases with Parties Reconciliation
Article 277 In the following cases of public prosecution, the criminal suspect or defendant sincerely repents by means of compensation for losses or apology, and obtains the understanding of the victim. , and the victim voluntarily reconciled, both parties can reconcile:
(a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and may 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.
Article 278 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 279 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.
China's criminal cases were handled properly, and during the trial, not only the corresponding cases were investigated accordingly. The specific situation of the victim will also be considered accordingly. If the victims concerned can forgive such criminals, the punishment for such criminals can play the role of commutation or probation, which is conducive to the judgment of such criminals.
According to Article 9, Part III of the Supreme People's Court's Guiding Opinions on Sentencing for Joint Crimes, those who actively compensate the victims for their economic losses and get an understanding can comprehensively consider the nature of the crime, the amount of compensation, the compensation ability, the degree of confession and repentance, reduce the benchmark punishment by less than 40%, and actively compensate;
However, if no understanding is reached, the benchmark punishment can be reduced by 30%, and if no compensation is obtained, the benchmark punishment can be reduced by 20%. Among them, robbery, rape and other crimes that seriously endanger public order should be strictly controlled.
Baidu Encyclopedia-Criminal Understanding