Which is more important, criminal reconciliation or understanding?

Reconciliation is very important. Criminal reconciliation is a reconciliation reached between the defendant and the procuratorate of the public prosecution agency in exchange for not prosecuting. Criminal understanding is the understanding between the defendant and the victim, in exchange for the victim's forgiveness with positive compensation. Understanding is one of the necessary conditions for reconciliation, and reconciliation is more important than understanding. 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. The letter of understanding is generally completed in the process from public prosecution to court cross-examination, and has the effect of discretionary mitigation and lighter punishment in criminal law. 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 was sent by the victim to the criminal's family. The premise of the letter of understanding is 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 that the victim requests to be exempted from criminal responsibility of the defendant, that is, the criminal suspect. Therefore, if you are a victim, you should pay attention to compensation when signing the letter of understanding, as well as the effectiveness and notarization of the letter of understanding.

Article 288 of the Criminal Procedure Law of People's Republic of China (PRC) 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 and it is suspected of a criminal case stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, it 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 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.

Criminal reconciliation system

The system is as follows: 1, criminal reconciliation conditions: the offender pleads guilty; Voluntary, including the voluntary of both victims and criminals; 2. Applicable objects and scope: Applicable objects include negligent offenders, occasional offenders and first-time offenders among juvenile criminal suspects and adult criminal suspects. The scope of application is limited to misdemeanor cases, that is, cases that may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control; 3. Applicable stages of criminal reconciliation: it can be applied to all stages of litigation; 4. Applicable procedures of criminal reconciliation: generally, it can be divided into stages of reconciliation proposal and acceptance, reconciliation preparation, reconciliation statement and negotiation, signing of reconciliation agreement, review and entry into force. There are different views on the question of "who will be the mediator to preside over the reconciliation". However, in practice, there are mainly three modes: entrusting the people's mediation Committee to mediate, taking the public security organ in Yangpu District of Shanghai as the representative, and the procuratorial organ presiding over mediation. Beijing Chaoyang District Procuratorate mainly adopts this approach, and the parties settle on their own. Procuratorial organs mainly undertake the work of informing and confirming, and hospitals take this approach.