Can there be a letter of understanding without a sentence, and can there be a sentence if there is a

In criminal proceedings, where the defendant has received forgiveness from the victim and his family, he may be given a lenient punishment, and if the circumstances are minor, a suspended sentence may be sought.

Criminal Procedure Law of the People's Republic of China

Article 279: 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.

Legal Analysis: Not necessarily. According to the provisions of the Criminal Law of the People's Republic of China, the conditions for the use of suspended sentences are that the original sentence is short-term detention or fixed-term imprisonment of less than 3 years; The offender is not a repeat offender or a ringleader of a criminal group; The offender must meet the following conditions at the same time:

The circumstances of the offence are relatively minor; Showing remorse; The deferment of probation does not have a significant adverse impact on the community in which it resides. The letter of understanding plays an auxiliary role in the determination of the lesser offence and the determination of repentance, but it is not a necessary condition. Legal basis:

Criminal Law of the People's Republic of China》 Article 72: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75: (1) the circumstances of the crime are relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside. The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.

If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

Hello. The victim may be given a lenient punishment, but not a waiver of punishment. However, in criminal cases where the circumstances are minor, if the other party forgives and the two parties settle, a decision may be made not to prosecute or to waive punishment.

The letter of understanding is only one circumstance of a discretionary lenient sentence, and the so-called mitigating sentence can be a lesser sentence, or a suspended sentence, or a waiver of criminal punishment, and the specific sentence is determined by the court in combination with other specific facts of the case and the lawyer's defense.

Legal Analysis: No. Where criminal suspects or defendants sincerely repent and obtain the victims' forgiveness through methods such as compensating the victims for their losses, making apologies for their filial piety, and the victims voluntarily and quietly reconcile, the parties may reconcile.

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.

According to what you said, since you don't understand it, I can only briefly say that if you have already filed a criminal case, the role of the letter of understanding is only to help the sentencing in the court's judgment, but it does not mean that the sentence is not necessary.