1, we need to respect each other's wishes and not pursue the letter of understanding excessively. The so-called letter of understanding is the tolerant attitude expressed by the infringed after he repents, pleads guilty and actively compensates and soothes the infringement. If the victim does not issue a letter of understanding, he can only express it actively, strive for understanding and promote the issuance of a letter of understanding. The letter of understanding is voluntary, and losing money does not mean that people must understand it, so they usually give money when giving the letter of understanding.
2. You can explain the situation to the people's court. If we don't get the letter of understanding, but we plead guilty and admit punishment, and there is a positive plot to refund compensation, we are sincere, not because the other party's reasons are beyond reasonable scope and reach an understanding. In this case, the procuratorate and the court will also consider these situations in the subsequent sentencing process, and the court will also fully consider these factors when sentencing.
3. The impact of not knowing is not particularly great. Suspected of intentional injury should be investigated for criminal responsibility according to law, and can actively compensate and obtain the understanding of the victim, can be given a lighter punishment according to the specific circumstances. Positive compensation that is not understood still belongs to the basis of discretionary lighter punishment.
The process of court prosecution is as follows:
1, the plaintiff sued;
2. The court will serve a copy of the indictment on the defendant after accepting it;
3. The defendant submits the defense within fifteen days, and the court will serve a copy of the defense to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial;
4. If a hearing is decided, the parties concerned shall be notified and announced three days before the hearing;
5. The court investigation stage includes: statements by the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the interrogation record.
6. The court debate includes: the plaintiff and his agent ad litem speak;
7. At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.
8. Announcement of judgment.
To sum up, if the other party is really unwilling to issue a letter of understanding, then don't worry too much. A letter of understanding is not a statutory condition for probation. It doesn't mean that there will be a real sentence without a letter of understanding, let alone a suspended sentence with a letter of understanding.
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.
Article 290
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.