If the criminal suspect and the victim reach a compensation agreement and obtain the understanding of the victim, the judicial organ may give a lighter, mitigated or exempted criminal punishment.
For cases that have reached a settlement agreement, the public security organ may make suggestions to the people's procuratorate for leniency. 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.
Related cases:
Mou Peng, female, 1964 was born in zhouning county, Fujian Province, Han nationality, high school education, household registration in zhouning county, Fujian Province, and temporary residence in Songjiang District, Shanghai. Legal Representative of Shanghai Wangmo Materials Co., Ltd. The company is mainly engaged in the wholesale and retail business of metal materials, building materials and steel products, and supplies all kinds of raw materials for construction enterprises in Shanghai and surrounding areas.
On March 20 10, Peng saw the advertisement of Agricultural Bank's credit card while browsing the website. Because sometimes business needs it, I submitted an application. After approval the following month, Shanghai Songjiang Sub-branch of Agricultural Bank of China (hereinafter referred to as Shanghai Songjiang Sub-branch of Agricultural Bank of China) issued a card with a credit line of1.2000. Later, business became more and more difficult, and Peng began to cash out his credit card with the POS machine under his company's name and put it into operation. By the end of 20 14 after overdraft, Peng Shang owed the credit principal 120000 yuan, the universal fund 50000 yuan, the interest 20097.58 yuan and the installment fee 170097.58 yuan.
After receiving the call from the police station, Peng borrowed 80,000 yuan from his family, collected about 65,438+10,000 yuan from the downstream buyers, transferred it to the Agricultural Bank of China credit card at one time, and paid off all the principal and interest owed by the credit card. Later, he surrendered to the police station and truthfully confessed his crimes. At the same time, the Agricultural Bank issued a settlement voucher to Peng; At Peng's request, ABC issued a letter of understanding and handed it to Peng. The verdict is: the defendant Peng committed the crime of credit card fraud, sentenced to five months' criminal detention, suspended for five months, and fined RMB20,000. Appellant (defendant in the original trial) Peng committed the crime of credit card fraud and was exempted from criminal punishment.