A criminal letter of understanding generally refers to a written document of a legal nature issued by the victim when the victim and the criminal suspect or their families reach a settlement on the outcome of a criminal case.
Extended data:
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 responsible lawyer. But if the circumstances are minor and you don't need to hire a lawyer, you can refer to the format of this letter of understanding. If the premise of the letter of understanding causes harm to the victim, it shall be clearly stated that the compensation has been reached and the actual compensation has ended. If there is no harm to the victim, there is no need to express it, but the focus of the letter of understanding should be clear that the victim has understood and the victim requests to be exempted from investigating the criminal responsibility of the defendant (criminal suspect). The legal effect of the letter of understanding, the people's court shall give a lighter punishment to the defendant who reached a settlement agreement; If it meets the applicable conditions of non-imprisonment penalty, non-imprisonment penalty shall be applied; If the statutory minimum penalty is still too heavy, the punishment may be mitigated; Those who believe that the circumstances of the crime are minor and do not need to be sentenced to punishment may be exempted from criminal punishment.
The understanding of criminal cases is drafted by the victim. The first paragraph needs to specify the specific time, what happened, hospitalization after the victim was injured, and disability grade appraisal. The second paragraph should explain that after the incident, the criminal suspect apologized to the victim many times and actively negotiated with the victim about compensation. After successful negotiation between the criminal suspect and the victim, the relevant compensation, such as medical expenses and disability compensation, shall be performed immediately, and the specific compensation amount shall be stated. The last paragraph States the victim's understanding of the suspect and says that he will not be investigated for criminal responsibility. Finally, state the name of the victim and the date of drafting.
Article 277 of the Criminal Procedure Law 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, it is suspected of a criminal case stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law and can 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.