Can a suspended sentence be given without a letter of understanding

1. Can a suspended sentence be given without a letter of understanding?

1. There is also the possibility of a suspended sentence without a letter of understanding. A suspended sentence may be imposed only if the perpetrator meets the conditions for the application of a suspended sentence. The conditions are:

1) The subject of the crime shall be a criminal sentenced to short-term detention or up to three years imprisonment;

2) the circumstances of the crime are relatively minor;

3) Showing remorse;

4) there is no danger of reoffending;

5) The probation is not significantly adversely affected by the community in which the person resides.

2. Legal basis: Article 72 of the Criminal Law of the People's Republic of China.

Applicable conditions] Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if they meet the following conditions 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) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

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.

2. Will the sentence be serious without a letter of understanding?

Without a letter of understanding, the sentence can be severe. There is a letter of understanding will be a lighter punishment, the role of the criminal letter of understanding is conducive to fighting for the opportunity to reduce the sentence, the criminal letter of understanding belongs to the discretionary circumstances in the law, that is, a social effect, if the other party forgives, then the judge will no longer have any burden, can be very light (within the fluctuation of the law). 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 initiation of the public prosecution to the cross-examination of evidence in court, and it has the effect of discretionary leniency in criminal law.

As long as the conditions for probation are met, then a probation sentence can be imposed without a letter of understanding.

The conditions are as follows:

1.The subject of the crime shall be a criminal sentenced to short-term detention or up to three years imprisonment;

2.The circumstances of the offence are relatively minor;

3.Showing remorse;

4.There is no danger of recidivism;

5.The probation is not pronounced with significant adverse effects on the community in which it resides.

The letter of understanding is not directly related to the sentence of probation, and there is no requirement to obtain the victim's forgiveness and issue a letter of understanding in the conditions for sentencing a suspended sentence. As long as the conditions for probation are met, a suspended sentence can be imposed, regardless of whether there is a letter of understanding or not. Of course, if there is a letter of understanding, leniency may be given at the time of conviction and sentencing, resulting in a lower sentence, which may indirectly affect the sentence of probation.

However, the absence of a letter of understanding is not a key factor in the imposition of probation. Obtaining the victim's forgiveness and obtaining the letter of understanding issued by the victim has an impact on sentencing and will lead to a lower sentence, but it is not directly related to whether the criminal is sentenced to a suspended sentence. A suspended sentence can be given without a letter of understanding.

Legal basis: In accordance with Article 72 of the Criminal Law of the People's Republic of China.

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) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

Summary. Hello <>

If a person does not sign a letter of understanding, he or she cannot be given a suspended sentence. According to the provisions of China's Criminal Law, criminal suspects sentenced to probation are required to sign a letter of understanding on the verdict, promising to abide by national laws and not engage in criminal activities again during the probationary period of probation. At the same time, it is important to note that even if a letter of understanding is signed, it is not always possible to obtain a suspended sentence.

The court will consider whether to suspend the sentence based on factors such as the suspect's danger to society, his contribution to the people, and the seriousness of the crime.

Can a suspended sentence be given without a letter of understanding

Hello <>

If a person does not sign the letter of understanding, he cannot be sentenced to probation. According to the provisions of China's Criminal Law, criminal suspects sentenced to a suspended sentence are required to sign a letter of understanding on the verdict, promising to abide by the laws of the country and not engage in criminal activities again during the probationary period of probation. At the same time, it is important to note that even if a letter of understanding is signed, it is not always possible to obtain a suspended sentence.

The court will consider whether to suspend the sentence based on factors such as the criminal's danger to society, his contribution to the people, and the seriousness of the circumstances of the crime.

In addition, the letter of understanding is a regulatory measure during the probation test period, which aims to increase the willingness of criminal suspects to comply with the laws of the state through psychological pressure and mental deterrence. In addition, the signing of the letter of understanding can also be used as a manifestation of the suspect's self-confession and remorse, and to reduce his subsequent social pressure.

While signing the letter of understanding, the criminal suspect also needs to comply with a series of social management regulations, such as not leaving the place of household registration. <>