Can a probation sentence be given without a letter of understanding in a criminal case

Legal analysis: Based on the facts of the case, the judgment is made in accordance with the law, and a suspended sentence can still be given without the victim's forgiveness.

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.

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.

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) 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.

Summary. Hello, this is not necessarily, according to the facts of the case, the judgment is made in accordance with the law, and without the victim's forgiveness, a suspended sentence can still be given.

Hello, this is not necessarily, according to the facts of the case, the judgment is made in accordance with the law, and without the victim's forgiveness, a suspended sentence can still be given.

Legal basis: Article 288 of the "Criminal Procedure Law of the People's Republic of China" In the following public prosecution cases, where the criminal suspect or defendant sincerely repents of their crimes and obtains the victim's forgiveness through methods such as compensating the victim for losses or making a formal apology, and the victim voluntarily reconciles, the parties may or may settle together: (1) Cases arising from civil disputes and suspected of crimes 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 crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

The party stole the company's hand and repented of the macro machine, and then the price bureau said that the mobile phone was not listed and not identified, and the company did not issue a letter of understanding, and the mobile phone was not sold, and the party was also a first-time offender.

Dear, it is possible to give a suspended sentence in this case.