1. If it is a private prosecution case, the plaintiff will withdraw the prosecution after reconciliation. If the case has not been tried by a court entity, there will be no sentence and no criminal record.
2. If it is a public prosecution case, the public security organ may make a suggestion to the people's procuratorate for leniency if a settlement agreement is reached; The people's procuratorate may make suggestions to the people's court for lenient punishment.
Therefore, criminal reconciliation before sentencing will leave a criminal record.
3. The procuratorate may make a decision not to prosecute a case in which the crime is minor and a settlement agreement is reached. Then you won't have to go through the trial of the court, and naturally you won't be sentenced and you won't have a criminal record.
Criminal reconciliation includes two procedural processes: economic compensation reconciliation and criminal responsibility disposal. In the process of reconciliation, the victim and the offender can fully explain the impact of the crime on them and their opinions on criminal responsibility, and choose a mutually agreed scheme to make up for the damage caused by the crime; In the process of investigating criminal responsibility, the actor may be given a lighter, mitigated or exempted punishment. In this way, the victim can get both spiritual and material compensation, while the offender can win the victim's understanding and reform and return to society as soon as possible. In short, criminal responsibility should still be investigated, but it will be lighter than the sentence of non-reconciliation.
What is a criminal record:
Criminal records, that is, citizens' personal criminal records, refer to the objective records and information records of criminals in the national crime information database by special state organs.
How to handle personal record inquiry?
Public security organs, state security organs, people's procuratorates and judicial administrative organs are respectively responsible for accepting, examining and handling criminal record inquiries.
When providing criminal information inquiry services to the society, the above-mentioned organs shall strictly follow the provisions of laws and regulations on the qualifications and conditions for continuing education, enlistment and employment.
In order to perform defense duties according to law, defense lawyers should be allowed to inquire about the criminal records of criminal suspects and defendants in this case, except that criminal records involving minors are sealed by law enforcement organs according to law.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 288
In the following cases of public prosecution, the criminal suspect or defendant sincerely repents and obtains the understanding of the victim by means of compensation for losses, apology, etc. , and the victim voluntarily reconciled, both parties 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
If the two sides 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 a settlement agreement.