In a case of intentional injury causing minor injuries due to a civil dispute, if the criminal suspect or defendant sincerely repents, actively compensates the victim for understanding, and the victim voluntarily reconciles, he may be treated leniently. If the circumstances of the crime are minor, a decision not to prosecute may be made.
1, the scope of criminal reconciliation?
Because of a civil dispute, he is suspected of a criminal case 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; In addition to the crime of dereliction of duty, the crime of negligence may be sentenced to fixed-term imprisonment of not more than seven years. ?
2. What is the scope of criminal reconciliation?
The criminal suspect or defendant intentionally commits a crime within five years; Hire a murderer to hurt others; Organized crime involving the underworld; Involving creating trouble; Involving gathering people to fight; Deliberately hurting others' bodies for many times; Others are not suitable for reconciliation. ?
3. What are the conditions for criminal reconciliation?
Criminal suspects and defendants sincerely repent, compensate victims for losses, apologize, etc. ; The victim clearly expressed his understanding of the suspect; Voluntary reconciliation between the two parties complies with relevant laws and regulations; Belonging to intentional crimes against specific victims or negligent crimes with direct victims; The facts of the case are clear and the evidence is true and sufficient. ?
4. The parties to the settlement agreement?
(1) Victim's side: If the victim dies, his legal representative and near relatives can make reconciliation with the criminal suspect and defendant; If the victim is a person with no capacity or limited capacity, his legal representative and near relatives may make a settlement on his behalf. ?
(2) Criminal suspect and defendant: A criminal suspect is a person with limited capacity, and his legal representative can make a settlement on his behalf; If a criminal suspect is in custody, with the consent of the criminal suspect, his legal representative and close relatives may make a settlement on his behalf. ?
Extended data:
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What is the effect of criminal reconciliation agreement?
1, investigation stage?
When transferring a case to a people's procuratorate for examination and prosecution, the public security organ may, with the approval of the person in charge of the public security organ at or above the county level, put forward suggestions for leniency. ?
2. Review the arrest stage?
The people's procuratorate may decide not to approve the arrest of a case submitted for approval by the public security organ, considering whether there is social danger or the size of social danger. ?
3. Review the prosecution stage?
If the two parties reach a settlement agreement, the people's procuratorate may consider whether there is social danger or the size of social danger, and may change the compulsory measures according to law during the stage of examination and prosecution. ?
If the public security organ transfers a case for examination and prosecution, and the two parties reach a settlement agreement, the people's procuratorate may decide not to prosecute, as a factor to consider whether it is necessary to impose a penalty or exempt it from punishment. If the conditions for non-prosecution stipulated by law are met, it may be decided not to prosecute. ?
For those who should be prosecuted according to law, the people's procuratorate may put forward sentencing suggestions for lenient punishment to the people's court. ?
4. The trial stage?
If a settlement agreement is reached, the people's court shall give the defendant a lighter punishment; If it meets the applicable conditions of non-imprisonment penalty, non-imprisonment penalty shall be applied; If the statutory minimum punishment is still too heavy, the punishment may be mitigated. ?
Those who believe that the circumstances of the crime are minor and do not need to be sentenced to punishment may be exempted from criminal punishment. * * * In the same criminal case, if some defendants reach a settlement agreement with the victim, they may be given a lighter punishment according to law. ?
China People's Network-Criminal Procedure Law
Hulin people's court-on the application of criminal reconciliation