If an understanding cannot be reached in a criminal case, the court will punish it according to law, but not severely. According to the relevant laws and regulations, the people's procuratorate should take whether the criminal suspect has reached a settlement or mediation agreement with the victim, or compensated the victim for losses, obtained the victim's understanding, or voluntarily assumed the responsibility of repairing and compensating for public welfare damage as an important consideration in making sentencing suggestions.
Can fraud cases be settled?
1. The two parties reached a mediation agreement, which solved the civil dispute between them, and the incidental civil action can be withdrawn. Fraud is a criminal offence, which requires public prosecution to investigate the criminal responsibility of the relevant actors.
2. In the case that both parties reached a mediation agreement, the defendant actively compensated and obtained the understanding of the victim. The court may consider a lighter punishment when sentencing.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Law of People's Republic of China (PRC);
1, Article 266 stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
2. Article 279 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, no penalty is required. You can make a decision not to prosecute. The people's court may punish the defendant lightly according to law.