How to write a letter of understanding to be valid, how to write a letter of understanding to be eff

Updated on society 2024-03-22
8 answers
  1. Anonymous users2024-02-07

    Criminal Understanding.

    Year, month, day, there was a dispute, causing a fight, causing bodily harm. After the occurrence of the case, he was hospitalized**, and after being discharged from the hospital, he was forensically identified as a minor injury; Detained in a detention center.

    After the incident, my family attached great importance to it, took the initiative to apologize to us many times, and took the initiative to negotiate with us on follow-up compensation. After consultation between the two parties, the following compensation agreement was reached. Namely:

    The injured party) will be compensated in a lump sum for medical expenses, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, accommodation expenses, etc., totaling RMB. During the negotiation process, we learned that the family was also in difficulty. In this difficult situation, the family has been able to actively raise compensation funds for compensation, and we believe that it has performed very well.

    The great damage that this has done to our bodies and the great pain it has caused to his family has been learned, and we do not want to continue to create new tragedies. Therefore, we agree to forgive the criminal responsibility of those who have been forgiven and voluntarily not pursued, and ask the judicial organs to give them a chance to reform themselves and be exempted from criminal responsibility.

    Sincerely! Haidian Branch of Beijing Municipal Public Security Bureau.

    Victim: YYYYYYYYYYYYYYYYYYYY

  2. Anonymous users2024-02-06

    The letter of understanding itself does not have a fixed form, and if the premise of the letter of understanding is that the victim is harmed, it should be stated that the compensation has been agreed upon and the actual compensation has ended, and there is no need to express it if there is no harm to the victim, but the focus of the letter of understanding should be to clearly express that the victim has forgiven, and at the same time the victim requests that the defendant (criminal suspect) be exempted from criminal responsibility.

    1. The criminal letter of understanding is one of the discretionary sentencing circumstances stipulated in the criminal law, and in the absence of statutory mitigating circumstances, the letter of understanding has become an important defense tool for the defense in criminal proceedings.

    2. A letter of understanding for criminal matters generally refers to a written document of a legal nature issued by the victim of a criminal case and a suspect or his family to reach a settlement on the outcome of the criminal case.

  3. Anonymous users2024-02-05

    1. Due to Huang's wrongdoing, he caused physical trauma and property losses to Weng, for which Huang deeply regretted. I am deeply sorry for the damage caused to Weng by my illegal acts, and I sincerely apologize and ask Weng for forgiveness.

    2. Huang is willing to compensate Weng for his medical expenses, food allowances, nutrition expenses, lost work expenses and other losses totaling yuan (the money is paid by Huang's uncle on behalf of Huang), and after receiving the above-mentioned compensation, Weng no longer makes a civil compensation claim against Huang, settles the case, and no longer pursues his civil liability.

    3. Weng forgave Huang's intentional injury and requested that the trial organ give Huang a suspended sentence.

    This Agreement shall be executed in triplicate, one copy by each party, and one copy shall be filed with the People's Court of Babu District.

  4. Anonymous users2024-02-04

    Hello, I would like to consult the letter of understanding.

  5. Anonymous users2024-02-03

    Legal Analysis: A criminal understanding is most effective when it states the circumstances of the case, the compensation received, and the clear understanding of the parties. First, explain the time and cause of the case, the process and the current outcome, and then explain that the aggressor has actively negotiated with the victim's family for further compensation despite family difficulties, and has paid compensation in accordance with the standard prescribed by law.

    Finally, it is stated that I have forgiven XX's behavior and voluntarily no longer pursue XX's criminal responsibility, and at the same time submit an "Application for Withdrawal of the Case" to the procuratorate to withdraw the case.

    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.

  6. Anonymous users2024-02-02

    Legal Analysis: It is valid to state that the compensation has been agreed upon and the compensation has ended. 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 purpose of issuing a letter of understanding is to reduce the punishment of the criminal suspect, and some can release the criminal suspect on bail pending further investigation, so the letter of understanding is issued by the victim to the family of the criminal person, and the lawyer who undertakes the case is generally to handle it specifically for the criminal suspect, and the letter of understanding is generally completed in the process 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.

    Legal basis: Law of the People's Republic of China on the Dispersion of Criminal Prosecution Sources

    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 their relevant personnel, 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 to the people's procuratorate for leniency. The people's procuratorate may submit a recommendation for lenient punishment to the people's court, and where the circumstances of the crime are minor and a criminal punishment is not necessary, a decision not to prosecute may be made after the banquet is completed. The people's court may give a lenient punishment to the defendant in accordance with law.

  7. Anonymous users2024-02-01

    The letter of understanding should be issued by the victim or his family, the letter of understanding should be an expression of the true intention of the parties, the content of the letter of understanding should comply with the provisions of the law, and the parties should have the corresponding capacity for civil conduct at the time of issuing the letter of understanding.

    A letter of understanding for criminal matters generally refers to a written document of a legal nature issued by the victim of a criminal case with a suspect or his family members who have secretly sold the case and reached a settlement on the outcome of the criminal case. The letter of understanding is generally completed from the initiation of the public prosecution to the cross-examination of evidence in the court, and it has a discretionary and lenient effect in criminal law.

    Legal basis. Article 143 of the Civil Code of the People's Republic of China [Conditions for the Validity of Civil Juristic Acts] Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

  8. Anonymous users2024-01-31

    The letter of understanding should be written in this way to be effective: the letter of understanding should be issued by the victim or the family of the person who is a petan, the letter of understanding should be issued by the true expression of the parties' intentions, the content of the letter of understanding should comply with the provisions of the law, and the parties should have the corresponding civil capacity at the time of issuing the letter of understanding.

    A letter of understanding for criminal matters 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 initiation of the public prosecution to the cross-examination of evidence in court, and it has the effect of discretionary leniency in criminal law.

    I don't understand how to write a letter.

    A letter of understanding is not a formal legal document, it is a document issued by the victim to the suspect or defendant, and its function is to express understanding of the criminal acts of the suspect or defendant, hoping to reduce or exempt the punishment from them, and is mostly used in criminal cases. Because the letter of understanding is an informal legal document, the law does not stipulate the letter of understanding, as long as the intention is clearly expressed, it can play a role, but in order to be more beneficial to the suspect or defendant, the following matters need to be paid attention to in practice: the content of the letter of understanding should be clearly written with the hand Tong should clearly state the whole incident and who expressed understanding to whom; express the meaning of understanding in detail and not be ambiguous; If financial compensation or restitution is made to the victim, it should be clearly stated in the letter of understanding; The victim or the victim's family members sign and affix their fingerprints; It is not necessary to write "no request for criminal responsibility" or anything like that.

    How to write a letter of understanding from the police station.

    A letter of understanding should first state the specific circumstances of the case, such as the reasons for the case.

    Second, write down the willingness to forgive, such as: I think he is repentant, he confesses sincerely, and he has been taught his due, and I am willing to forgive him. Therefore, I forgive his conduct and request that the judicial organs, in line with the principle of "education first, punishment secondary", give the perpetrator a chance to be a new person and turn over a new leaf, and give him a lenient punishment.

    At the end of the payment, there must be the signature of the person who understands and the specific time.

    Legal basis: Article 143 of the Civil Code of the People's Republic of China [Conditions for the validity of civil juristic acts] Civil juristic acts that meet the following conditions are valid:

    1) The perpetrator has the corresponding capacity for civil conduct;

    (2) The expression of intent is true;

    (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

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