Is it illegal for the other party to ask for 65438+ million in the letter of understanding?

It is not illegal for the other party to ask for 6.5438+million in the letter of understanding. The letter of understanding is not stipulated by law. The letter of understanding is only used in the sentencing procedure of the people's court and shall be handled by both parties through consultation. The two sides can negotiate on the conclusion of the memorandum of understanding. As for the amount of negotiation, the law does not clearly stipulate. As long as it is reached by both parties voluntarily, the amount is not limited. Even if the other party asks for 6,543,800 yuan, it is not illegal.

As long as the amount of the letter of understanding is within the scope of accident compensation, it is mainly based on free negotiation between the two parties, and as long as the two parties agree to determine the amount of compensation through negotiation, it is reasonable.

Criminal suspects actively compensate the victims for their losses and gain their understanding, which can be regarded as one of the discretionary sentencing circumstances in criminal cases. The criminal letter of understanding itself has no fixed format. The purpose of issuing letters of understanding is to reduce the punishment of criminal suspects, and some can release criminal suspects on bail pending trial. Therefore, the letter of understanding is sent by the victim to the criminal's family, and is generally handled by the lawyer for the criminal suspect. However, if the circumstances are minor and you don't need to hire a lawyer, you can refer to the relevant format.

legal ground

Criminal law of the people's Republic of China

Article 61 General Principles of Sentencing When deciding the penalty, the penalty shall be determined according to the facts, nature, circumstances of the crime and the degree of harm to society, and in accordance with the relevant provisions of this Law.

Article 63 A criminal with a mitigated punishment shall be sentenced to a penalty below the statutory penalty if there are mitigating circumstances stipulated in this Law. If there are several sentencing ranges stipulated in this Law, the penalty shall be imposed within the next sentencing range of the statutory sentencing range.

Although criminals do not have mitigating circumstances as stipulated in this Law, according to the special circumstances of the case, with the approval of the Supreme People's Court, they may also be sentenced to a penalty below the statutory penalty.

Criminal procedure law

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.