After the first instance of a criminal case, is it still useful for the parties to write a letter of

Updated on society 2024-03-23
6 answers
  1. Anonymous users2024-02-07

    Yes, but be sure to submit it to the court. If it is written on the day of **, the judge will approve it in the verdict after cross-examination. If it was written on the day the judgment was received, and the judgment was not in time, the defendant could file an appeal, and the court of second instance would also have cross-examined the evidence.

    According to the provisions of the [Supreme People's Court Sentencing Guiding Opinions]: Where the forgiveness of the victim or his family is obtained, the base sentence may be reduced by up to 20% based on comprehensive consideration of circumstances such as the nature of the crime, the severity of the crime, the reasons for the forgiveness, and the degree of admission of guilt and remorse.

  2. Anonymous users2024-02-06

    It is useful, it is useful in the incidental civil compensation, if it has been adjudicated, it has no influence on the outcome of the criminal judgment.

  3. Anonymous users2024-02-05

    Legal Analysis: Yes. However, obtaining forgiveness may affect sentencing.

    Legal basis: Criminal Procedure Law of the People's Republic of China

    Article 288:In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making formal apologies, and the victim voluntarily settles, both parties may settle:

    1) Cases arising from civil disputes that are suspected of crimes provided for in chapters 4 and 5 of the Criminal Law's special provisions, and might be sentenced to up to three years imprisonment;

    2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

    Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.

    Article 289:Where both parties settle, the public security organs, people's procuratorates, and people's courts shall hear the opinions of the parties and other relevant persons, conduct a review of the voluntariness and legality of the settlement, and preside over the drafting of the settlement agreement.

    Article 290:In cases where a settlement agreement is reached, the public security organs may submit a recommendation for leniency to the people's procuratorate. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute. The people's court may give a lenient punishment to the defendant in accordance with law.

  4. Anonymous users2024-02-04

    A letter of understanding does not mean that one is exempt from criminal punishment, and a letter of understanding generally refers to a written document of a legal nature issued by the victim of a criminal case and the suspect or his family to reach a settlement on the outcome of the criminal case. The letter of understanding is generally completed from the time the draft is closed to the time when the prosecution is filed and the evidence is cross-examined in court, and it has the effect of discretionary mitigation and mitigating in criminal law.

    Legal Key Macro Split Basis:

    Article 67 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where they might be sentenced to controlled release, short-term detention, or independently applied supplementary punishments; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation and residential surveillance are to be enforced by the public security organs.

  5. Anonymous users2024-02-03

    It is not certain whether you will be sentenced if you write a letter of understanding in a criminal case, but a letter of understanding for criminal cases is helpful for sentencing and can reduce the punishment. According to the "Guiding Opinions of the Supreme People's Court on the Sentencing of Guan Zhongmin for Common Crimes", the letter of understanding is generally completed from the initiation of the public prosecution to the court's cross-examination, and it has the effect of discretionary mitigation and leniency in the criminal law.

  6. Anonymous users2024-02-02

    Is it useful for the defendant in a criminal case that has already been adjudicated to issue a letter of understanding? Is it useful for the defendant in a criminal case that has already been adjudicated to issue a letter of understanding1. For a criminal case that has already been adjudicated, as long as it is not a final judgment, the victim's letter of understanding is useful. 2. If a letter of understanding is issued after the final judgment, the outcome of the trial cannot be changed.

    Article 23 of the Supreme People's Court's Several Intentions on Implementing the Criminal Policy of Blending Leniency and Severity" Where the defendant actively compensates the victim after the case is discovered, and admits guilt and repents, it may be considered as a discretionary sentencing circumstance in accordance with law. Where the victim and his family express forgiveness to the defendant for crimes caused by the intensification of civil disputes such as marriage and family, it shall be considered as a discretionary sentencing circumstance. Where the circumstances of the crime are minor and the victim's forgiveness is obtained, a lenient disposition may be given in accordance with law, and where a criminal punishment is not necessary, a good hand may be waived from criminal punishment.

    Do you understand this explanation?

Related questions
4 answers2024-03-23

Specific procedural provisions on the handling of criminal cases by public security organs: >>>More

4 answers2024-03-23

Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating social relations protected by the Criminal Law, and the state files a case for investigation, trial, and imposes criminal sanctions (such as fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to pursue the criminal responsibility of the criminal suspect or defendant. Civil cases are litigation arising from disputes between citizens, legal persons, and citizens and legal persons who are equal subjects, mainly referring to cases related to property rights and interests, but also including personal cases such as marriage and family. Such as breach of contract, divorce, property inheritance, personal injury, etc. >>>More

10 answers2024-03-23

The facts of the case that need to be proved by evidence include: >>>More

4 answers2024-03-23

Suspected criminal offenses are to be convicted and sentenced in accordance with the provisions of criminal procedure. The period of detention of a criminal suspect specifically includes the period of criminal detention and approval of arrest and investigation by the public security organs, the time limit for the procuratorate to initiate a public prosecution, and the time limit for the people's court to hear and make a judgment. >>>More

10 answers2024-03-23

1. Submit an application for recognition of work-related injury. 2. Fill in the application form for work-related injury identification. 3. The labor and social security department shall conduct a review and determination. >>>More