Legal analysis
The nature of criminal understanding compensation is to compensate the civil liability in criminal facts, and it will not be exempted from criminal punishment because of paying compensation, but it can alleviate certain punishment. In criminal cases, the victim's understanding only affects the sentencing of criminal suspects. Whether compensation is needed depends on the victim's request. If the victim agrees not to pay compensation, there is no need to pay compensation. If the victim does not agree, then compensation should be made within a reasonable range. In daily cases, it is easier to gain the understanding of the victim by making positive compensation, thus reducing the crime from the suspect. 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 responsible lawyer. But if the circumstances are minor and you don't need to hire a lawyer, you can refer to the format of this letter of understanding. If the premise of the letter of understanding causes harm to the victim, it shall be stated that the compensation has been reached and the actual compensation has ended. If there is no harm to the victim, there is no need to express it, but the focus of the letter of understanding should be clear that the victim has understood and the victim requests to be exempted from criminal responsibility of the defendant.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 288 In the following cases of public prosecution, the criminal suspect or defendant sincerely repents and obtains the victim's understanding through compensation for losses or apology. (1) If a civil dispute is caused, it is suspected of a criminal case stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law and can 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 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.