Joke Collection Website - Blessing messages - Can the criminal reconciliation procedure be closed?

Can the criminal reconciliation procedure be closed?

The case can be closed, but recidivism is not applicable. The people's mediator called all parties involved in criminal reconciliation and announced the official start of the criminal reconciliation procedure. The people's mediator first explains the procedure to be carried out in this criminal reconciliation and the purpose to be achieved by reconciliation. Generally speaking, the parties mainly express the situation of criminal infringement and discuss how to compensate the victims. Secondly, the mediator should understand and ensure that all participants in criminal reconciliation are completely voluntary. The reconciliation procedure can be carried out according to the following procedures: (1) Step 1, the offender admits the crime. First, let the criminals confess the crime process, and confess their guilt to the victims and their relatives, admit their mistakes and express repentance. (2) The victim describes the impact of the crime on his body, life, work and study. (3) People who are related to the results of criminal acts describe their feelings. Through these descriptions and narratives, the criminal will understand the consequences of his criminal behavior to the victim and those who are closely related to the victim, as well as his own family and friends. Victims have the opportunity to express their feelings and have the right to ask questions related to the crime. (4) After fully discussing the criminal behavior and its consequences, the mediator can ask the victim about the compensation or compensation items he hopes to get from this settlement, which will help to determine the obligations that the criminal should perform. (5) All participants can express their opinions on how to compensate the injurer and how to solve the case. (6) In the last link, the mediator, after listening to the opinions of all participants, presided over the reconciliation participants to reach a settlement agreement and urged them to sign the settlement agreement. The supervisor sent by the people's court or the judicial administrative department shall supervise the whole reconciliation process and the settlement agreement reached by all parties, and shall promptly point out the illegal situation and suggest correction.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 288 In the following cases of public prosecution, if the criminal suspect and the defendant sincerely repent and obtain the understanding of the victim by means of compensation for losses, apology, etc., and the victim voluntarily reconciles, both parties may 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.