According to the provisions of China's criminal procedure law, qualified criminal cases can be reconciled. After making compensation to the victim, the criminal suspect in a criminal case sincerely repents and makes compensation, which can gain the understanding of the victim.
In criminal cases, a letter of understanding can help a criminal suspect reduce his sentence. Because the people's court will comprehensively consider the nature of the crime, the amount of compensation, the ability to compensate, the degree of confession and repentance, etc., and give a mitigated punishment. Without positive compensation, the benchmark punishment can be reduced by less than 30%.
The letter of understanding is generally completed in the process of prosecution to court cross-examination, that is to say, the three stages of public prosecution cases: investigation stage, review and prosecution stage and trial stage can be completed. It 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 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).
To sum up, how much compensation is needed to win the understanding of the victims is generally determined through consultation between the two parties or mediation by the judicial organs.
Legal basis:
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 understanding of the victim by means of compensation for losses, apology, etc. , 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 289
If the two sides 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, review the voluntariness and legality of the settlement, and preside over the production of a settlement agreement.