The new Criminal Procedure Law, which was implemented in 20 13, introduced the criminal reconciliation system. 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. Serious injuries are generally difficult to avoid criminal punishment.
Legal basis:
Article 234 of the Criminal Law Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Extended data
The parties may voluntarily solve the problem in the following ways:
1. Both parties reached a settlement;
2. The criminal suspect in custody entrusts his close relatives, lawyers or unit leaders to reach a settlement with the victim;
3, the people's mediation committee or other grassroots organizations under the auspices of reconciliation;
4. Reconciliation reached under the auspices of other third parties recognized by both parties;
5. The parties to a traffic accident case request the public security traffic management department to mediate and reach a settlement.
Compensation standard:
1, nutrition cost compensation
If the victim is seriously injured and it is really necessary to supplement nutritious food as adjuvant treatment, the expenses may be compensated as appropriate. Nutrition cost compensation can be calculated according to the proportion of 40% to 60% of the average living standard of local residents. The compensation period can be entrusted to a forensic expert, or it can be decided after consulting the treatment hospital.
2, the disabled living allowance, self-help living expenses compensation
According to the standard of forensic identification, the degree of disability is divided into ten grades. If it is identified as Grade I by forensic doctors, the compensation for its living allowance shall be calculated according to the average living expenses of local residents, and it shall be compensated for 20 years from the month of disability; Level 2 to 10, in descending order of 10%. However, for those over 50 years of age, the age will be reduced by one year for each additional year, with a minimum of not less than ten years; For those over 70 years of age, it shall be counted as five years.
The living allowance for the disabled shall not be calculated repeatedly. Taking the month when the disabled person is disabled as the boundary, the infringer shall compensate for the lost time before, and then the infringer shall compensate for the living allowance.
If the equipment with compensation function needs to be prepared due to disability, the compensation amount shall be calculated according to the certificate of the treatment hospital or the opinion of the forensic doctor, combined with the age of the user, the average life expectancy of the population in China, the service life of the equipment and other factors, and according to the cost of commonly used equipment.
References:
China people's congress network-criminal law
References:
Baidu encyclopedia-probation period