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. Criminal reconciliation should meet the following three conditions: 1. The criminal suspect (perpetrator) must confess. In other words, a confession is required. This is the first condition of the criminal reconciliation procedure, and it is also the channel for both sides to unblock the emotional block. If the suspect does not plead guilty, it is impossible to settle. 2. Reconciliation is voluntary. Generally speaking, the victim's voluntariness is essential, but in most cases, the offender's voluntariness is also required. 3. Applicable conditions of criminal reconciliation. Some people think that criminal reconciliation should be implemented in juvenile criminal cases. Others think that criminal reconciliation can only be applied to misdemeanor cases, such as fixed-term imprisonment of less than three years, criminal detention, public surveillance and other cases. Scholars believe that the above views are too conservative. The scope of criminal reconciliation can be further expanded. To sum up, the scope of criminal reconciliation has the following two points: 1. Judging from the conditions of the case, it can include some cases with legal punishment of more than three years (such as some cases of illegal detention and extortion) and some cases that can be accompanied by civil compensation according to law. For major cases, recidivism and cases of combined punishment for several crimes with vile criminal circumstances that seriously infringe upon the public interests of the state and society, other ways can be adopted to solve them. 2. From the applicable object, it can be a negligent offender, a first-time offender, or even a minor and an adult offender. Among them, it has obvious contingency and particularity for cases where there is a cause or the victim has obvious fault and the criminal suspect is angry at the moment. If possible, the application of reconciliation procedure will achieve better results in case handling. 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. The letter of understanding has played a lenient role in sentencing. If your situation is complicated, the website also provides online consultation service for lawyers, and you are welcome to have legal consultation.
Legal objectivity:
Article 288 of the Criminal Procedure Law of People's Republic of China (PRC) In the following public prosecution cases, if the criminal suspect and the defendant sincerely repent and obtain the understanding of the victim through compensation for losses, apology, etc., and the victim voluntarily reconciles, the two parties may reconcile: (1) If a civil dispute is caused and it is suspected of a criminal case stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, it may be sentenced to fixed-term imprisonment of not more than three years; (two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years. If a criminal suspect or defendant intentionally commits a crime within five years, the procedures specified in this chapter shall not apply.