When is the letter of understanding most effective in criminal cases?

A letter of understanding can be given a lighter or mitigated punishment in criminal cases, as follows:

1. In criminal proceedings, if the criminal suspect gains the understanding of the victim, he may be given a lighter or mitigated punishment.

2, criminal understanding, generally refers to the victim of a criminal case and criminal suspects or their families, reached a settlement on the outcome of the criminal case, and written documents of a legal nature issued by the victim. 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. In other words, the parties or victims have given emotional forgiveness, which also shows the attitude of the parties or victims not to pursue it, which has a certain reference role in reducing or exempting punishment.

3. In criminal cases, the letter of understanding can play a great role, mainly in sentencing. Criminal understanding is one of the discretionary sentencing circumstances stipulated in criminal law. In the absence of statutory mitigating circumstances, this letter of understanding has become an important defense tool for the defense in criminal proceedings. Today, with the development of modern criminal procedure, criminal letters of understanding are paid more and more attention.

4. 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 will generally be handled by the lawyer for the criminal suspect, but if the circumstances are minor, there is no need to hire a lawyer.

legal ground

Article 9 of the Supreme People's Court's Guiding Opinions on Sentencing for Joint Crimes comprehensively considers the nature of the crime, the amount of compensation, the ability of compensation and the degree of confession and repentance, which can be reduced by less than 40% on the basis of the benchmark punishment. Those who actively compensate but fail to reach an understanding can reduce the benchmark punishment by less than 30%; Although there is no compensation, if an understanding is reached, the benchmark penalty can be reduced by less than 20%. Among them, robbery, rape and other crimes that seriously endanger public order should be strictly controlled.