However, if the circumstances of the defendant do not meet the conditions for non-prosecution, and the two sides reach an agreement and the victim understands, the people's procuratorate may suggest that the people's court give the defendant a lighter or mitigated punishment.
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). The letter of understanding must finally appear in court and be seen by the presiding judge, but the procedure should be that I first write it and give it to the case-handling unit, and then the case-handling unit will put the written letter of understanding into the criminal suspect's file bag. If the police feel that the criminal evidence is sufficient, they will hand it over to the people's procuratorate soon after approving the arrest. It is legal within the normal compensation range, and active compensation can win probation, so we can determine the circumstances of sentencing by obtaining the understanding of the other party, and consider increasing the corresponding compensation as appropriate, and the specific amount can be grasped and measured by ourselves.
The civil part can't go back on our word, and the criminal part is a matter for the public security organs, which has nothing to do with your going back on our word. At this time, criminals will still be sentenced and punished, and civil compensation needs to be handled in accordance with the agreement of both parties. If the other party does not make compensation after signing the letter of understanding, you can apply to the court for enforcement with this letter of understanding.
How much can I get a lighter sentence after the letter of understanding is handed in?
1. A criminal understanding refers to a written document issued by the victim when the victim of a criminal case reaches a settlement with the criminal suspect or his family on the outcome of the case.
2. It is a discretionary plot in criminal law, not a statutory plot. So generally speaking, if the victim's family does not strongly reflect and get understanding, the court can punish him lightly, but it is not necessary to punish him lightly.
legal ground
Article 289 of the Criminal Procedure Law
If a settlement is agreed between the parties, 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 the settlement agreement.
Article 290 of the Criminal Procedure Law
It is stipulated that the public security organ may make suggestions to the people's procuratorate for leniency in cases where a settlement agreement is reached. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may punish the defendant lightly according to law.