Privatization is an illegal act to deal with criminal cases without legal basis, and its result not only has no legal effect, but also brings serious hidden dangers to society. Criminal cases will be subject to criminal punishment, but if compensation is obtained through private consultation, the punishment may be appropriately mitigated. For cases that have reached a settlement agreement, the public security organ may make suggestions to the people's procuratorate for leniency.
In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
1, the circumstances are obviously minor, the harm is not great, and it is not considered a crime;
2, the crime has passed the limitation period;
3. Exemption from punishment through Amnesty;
4, in accordance with the criminal law to deal with the crime, did not tell or withdraw to tell;
5. The criminal suspect or defendant dies;
6, other laws and regulations shall be exempted from criminal responsibility.
After a criminal case occurs, if it is a relatively minor case, the victim can reconcile with the criminal suspect and reach a compensation agreement. This is only a solution to civil compensation, and it does not mean withdrawing the lawsuit. Whether the case can be withdrawn requires investigation by the public security organs. If the conditions are met, the lawsuit can be withdrawn, and the victim can forgive the other party, which has certain influence on the subsequent sentencing.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 288 In the following cases of public prosecution, if the criminal suspect and the defendant sincerely repent and obtain the understanding of the victim by means of compensation for losses, apology, etc., and the victim voluntarily reconciles, both parties may reconcile:
1. Suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law due to civil disputes, and may be sentenced to fixed-term imprisonment of not more than three years;
Two, in addition to the crime of dereliction of duty, can be sentenced to seven years in prison.
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 both parties 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, examine the voluntariness and legality of the settlement, and preside over the making of a settlement agreement. Article 290 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.