Is the forgiveness money compensation, and is it necessary to forgiveness to receive compensation?

Legal Analysis: The two parties negotiate, there are no clear provisions. Some victims will go to the police after the incident, and the police will also arrest the suspect, the victim thinks that the suspect will be sentenced, but at this time his family put forward a request for reconciliation between the two parties, and promised to give a certain amount of monetary compensation, the two sides privately negotiated according to the degree of harm caused, there is no clear provision.

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) In cases caused by civil disputes, where a criminal suspect is suspected of a crime provided for in Chapters 4 and 5 of the Special Provisions of the Criminal Law, and a sentence of up to three years imprisonment might be given; (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.

Legal Analysis: Yes. Settlement money refers to the compensation paid by the perpetrator and his relatives to the victim and his family to obtain the other party's forgiveness.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where the victim suffers personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, shall be compensated by the person obligated to compensate. If the victim is disabled due to injury, the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as necessary expenses, nursing expenses, and after-liquid continuation expenses actually incurred due to ** nursing and continuation**, the compensation obligor shall also compensate.

Legal analysis: It is not necessary, it also depends on the wishes of the victim or his family, and generally speaking, a letter of understanding will be given, which will be helpful to the defendant, and the punishment may be mitigated as appropriate.

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 of crimes that are suspected of being provided for in Chapters 4 and 5 of the Specific Provisions of the Criminal Law, and may be sentenced to up to three years imprisonment (2) Cases of negligence crimes other than crimes of dereliction of duty that may be sentenced to up to seven years imprisonment. Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter are not to be destroyed.

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 it is not necessary to impose a criminal punishment, it may make a decision not to prosecute. The people's court may give a lenient punishment to the defendant in accordance with law.

Legal analysis: The nature of criminal forgiveness compensation is to compensate for civil liability in the facts of the crime, and no criminal punishment will be imposed because of the payment of compensation, but the punishment can be reduced to a certain extent. In criminal cases, the victim's forgiveness only has an impact on the sentencing of the suspected crime, and whether compensation is required needs to be based on the victim's request, and if the victim agrees not to make compensation, then compensation may not be paid.

If the victim does not agree, then compensation is required within a reasonable range. In day-to-day cases, it is generally easier to obtain the victim's forgiveness by making positive compensation, so that the suspect can be mitigated from the crime.

Legal basis: Article 289 of the Criminal Procedure Law of the People's Republic of China: Where both parties reconcile, 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.