The defendant obtained the understanding of the victim, and the victim issued a letter of understanding, indicating that the destroyed social relations have been repaired to a certain extent. Therefore, the understanding of the offender is a very important discretionary sentencing circumstance.
From the substantive point of view, if the case evidence can be convicted and criminal understanding can be obtained, the criminal suspect and the defendant can plead guilty and get the victim's understanding, which can be an important consideration for the procuratorial organ to put forward the suggestion of lenient sentencing, which can make the court punish the defendant lightly. In addition, obtaining the victim's understanding sometimes even affects the specific application of punishment, increasing the possibility of probation and life-saving.
From the procedural point of view, after obtaining the understanding of the victim, you can refuse to approve the arrest and change the compulsory measures into bail pending trial. It may also cause the public security organ to withdraw the case and the procuratorial organ to make a decision not to prosecute, which will affect the trend of the lawsuit.
Letters of understanding play an important role in criminal cases. The letter of understanding can be used as a discretionary consideration. 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). For example, the criminal suspect of traffic accident crime obtains the understanding of the victim or the victim's family, which is a lighter punishment stipulated by law, and the judge will generally make a lighter judgment according to the circumstances of the crime.
The letter of understanding must first state the specific circumstances of the case, such as the cause of the case. Secondly, state the will of the forgiver. For example, I think his repentance is very good, his confession attitude is sincere, and he has learned his due lessons. I am willing to forgive him. Therefore, I understand Zhang XX's behavior and ask the judicial organs to give Zhang XX a chance to turn over a new leaf and turn over a new leaf according to the principle of "education first, punishment second" and handle it lightly. Finally, the signature place should have the signature of the forgiver and the specific time.
The criminal understanding issued by the victim in a criminal case is an important evidence for sentencing the defendant. According to the Guiding Opinions of the Supreme People's Court on the Sentencing of Joint Crimes, considering the nature of the crime, the amount of compensation, the ability of compensation and the degree of confession and repentance, the benchmark punishment can be reduced by less than 40%, and the benchmark punishment can be reduced by less than 30% if no compensation is obtained, although there is no compensation. Among them, robbery, rape and other crimes that seriously endanger public order should be strictly controlled.
Second, the format of the letter of understanding and the matters needing attention in paying compensation
The format of the letter of understanding is usually divided into three parts. The first part briefly describes the case (when and where what happened); The second part expounds that the criminal suspect and the defendant have apologized, the two sides reached an understanding plan through consultation, and the criminal suspect and the victim actively compensated for the losses; The third part expresses understanding to the criminal suspects and defendants, and requests the case-handling unit to be given a lighter, mitigated or exempted punishment.
After paying compensation to the injured party, all the vouchers for paying compensation shall be kept. If it is cash compensation, the injured party needs to issue a receipt and sign it; If the compensation is paid by bank transfer, you need to keep the remittance transfer receipt. In addition, after making compensation to the injured party, the injured party should be required to issue a criminal understanding as soon as possible.
Third, the difference between criminal understanding and criminal reconciliation.
The Supreme People's Court's Guiding Opinions on Joint Sentencing stipulates the lenient sentencing range of criminal understanding and criminal reconciliation:
1. For those who actively compensate the victims for economic losses and gain understanding, the nature of the crime, the amount of compensation, the compensation ability and the degree of confession and repentance can be reduced by less than 40% on the basis of the basic punishment;
2, positive compensation but not understanding, can reduce the benchmark punishment by less than 30%;
3. Although there is no compensation, understanding can reduce the benchmark punishment by less than 20%;
4. If the parties reach a criminal reconciliation agreement, the basic punishment can be reduced by less than 50% by comprehensively considering the nature of the crime, the amount of compensation, apology and sincere repentance, and the punishment can be reduced by more than 50% if the crime is minor or exempted according to law.
Judging from the preferential range of sentencing, criminal understanding is less than criminal reconciliation. This shows that there is a difference between the two.
First, the scope of application is different. Criminal reconciliation applies to specific public prosecution cases, that is, criminal cases caused by civil disputes and suspected of being 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; In addition to the crime of dereliction of duty, the crime of negligence may be sentenced to fixed-term imprisonment of not more than seven years. For example, for the crime of rape, criminal reconciliation is not applicable, only criminal understanding is applicable. The law does not limit the scope of cases to which criminal understanding applies.
Second, the form of reaching an agreement is different. The criminal reconciliation agreement was reached under the auspices of the public security organs, while the criminal understanding was reached through tripartite consultation among the criminal suspect, the defendant and the victim.
Third, the nature is different. Criminal reconciliation agreement is recognized by public security organs and has quasi-judicial nature, while criminal understanding is a civil compensation agreement reached between equal subjects.
Legal basis:
Article 290 of the Criminal Procedure Law
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.
Article 288 of the Criminal Procedure Law
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.