The letter of understanding can be written by both parties on the spot, and it is legally binding as long as it is voluntary. A letter of understanding generally refers to a written document of a legal nature issued by the victim when the victim of a criminal case reaches a settlement with the criminal suspect or his family members on the handling result of the criminal case.
The defendant obtained the understanding of the victim, and the victim issued a letter of understanding, indicating that the destroyed social relations have been repaired to a certain extent. Therefore, the understanding of the offender is a very important discretionary sentencing circumstance.
From the substantive point of view, if the case evidence can be convicted and criminal understanding can be obtained, the criminal suspect and the defendant can plead guilty and get the victim's understanding, which can be an important consideration for the procuratorial organ to put forward the suggestion of lenient sentencing, which can make the court punish the defendant lightly.
In addition, obtaining the victim's understanding sometimes even affects the specific application of punishment and increases the possibility of reprieve.
From the procedural point of view, after obtaining the understanding of the victim, you can refuse to approve the arrest and change the compulsory measures into bail pending trial. It may also cause the public security organ to withdraw the case and the procuratorial organ to make a decision not to prosecute, which will affect the trend of the lawsuit.
Legal basis:
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.
Although there is no compensation, if an understanding is reached, the benchmark penalty can be reduced by less than 20%. Among them, robbery, rape and other crimes that seriously endanger public order should be strictly controlled. In practice, for some minor cases, the procuratorate can handle them without prosecution at the procuratorate stage; In the court stage, the court can give probation or even exempt from criminal punishment.