1. If the criminal suspect and the victim reach a compensation agreement and the victim understands, the judicial organ may give a lighter, mitigated or exempted criminal punishment;
2, so after getting the letter of understanding, you still need to go to jail, and it may happen;
3. Obtaining a letter of understanding is only a condition that can be lightened or mitigated, but it cannot be exempted from criminal punishment;
4. The letter of understanding is a plot for the presiding judge to lighten or mitigate the punishment of the defendant at his discretion, not a statutory plot;
5. If the circumstances of the crime are minor, the defendant may be exempted from criminal punishment. According to the relevant laws and regulations, if the actor is at fault and cannot prove that he is innocent, he shall bear tort liability.
Criminal letter of understanding generally refers to a written document of legal nature issued by the victim of a criminal case, and the victim and the criminal suspect or their families reach a settlement on the handling result of a criminal case. The letter of understanding is generally completed in the process from public prosecution to court cross-examination, and has the effect of discretionary mitigation and lighter punishment in criminal law. The role of criminal understanding is to help the parties win the opportunity of commutation, and it is also a legal discretionary circumstance. If the other party forgives the client, then the judge will no longer have any trial burden and the sentencing will be reduced accordingly.
The function of criminal understanding is mainly to appropriately reduce or exempt punishment. However, whether to reduce or exempt the criminal suspect's punishment in the end depends on the specific judgments of various courts.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 288th of the Criminal Procedure Law of People's Republic of China (PRC).
The scope of application of the settlement agreement In the following public prosecution cases, the criminal suspect and the defendant sincerely repented and obtained the victim's understanding through compensation for losses and apology. , and the victim voluntarily reconciled, the two sides can reconcile:
(a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and 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.
Article 289
Review and production of a settlement agreement 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, review the voluntariness and legality of the settlement, and preside over the production of the settlement agreement.
Article 290
If a settlement agreement is reached, the public security organ may put forward a suggestion of leniency to the people's procuratorate. 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.