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. Generally speaking, it 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 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 the responsible lawyer generally handles specific cases for the criminal suspect.
Extended data
According to the "Guiding Opinions of the Supreme People's Court on Joint Crime Sentencing":
1. The basic punishment can be reduced by less than 40% if the nature of the crime, the amount of compensation, the compensation ability and the degree of confession and repentance are comprehensively considered.
2. Active compensation without understanding can reduce the benchmark punishment by less than 30%.
3. Although there is no compensation, understanding can reduce the benchmark punishment by less than 20%.
If the premise of the letter of understanding causes harm to the victim, it shall be clearly 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 investigating the criminal responsibility of the defendant (criminal suspect).
Baidu Encyclopedia-Criminal Understanding
Huainan Tianjiaan District People's Court-Guiding Opinions on Sentencing for Ordinary Crimes