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The amount you pay can be reimbursed from the insurance company. If the other party wants additional humanitarian compensation, it can negotiate 50,000 to 100,000 and issue a letter of understanding. If the other party insists on 250,000 yuan, and the amount is too large, it is recommended that you entrust a lawyer to deal with it.
We have a successful case where we can suspend a sentence without a letter of understanding. It is not necessary to have a letter of understanding, it depends. Hello!
150,000 yuan was handed over without hiring a lawyer? At present, it is relatively passive, and it is recommended to appoint a lawyer. "
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<> generally, the compensation items after a traffic accident generally include the following: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, ** expenses, follow-up expenses, funeral expenses, death compensation, etc.; The parties may first negotiate on the above items, and if the negotiation fails, a civil lawsuit may be filed. It is also possible to file a civil lawsuit directly without consultation.
Crimes of negligence are also subject to sentencing, and a lawyer should be promptly entrusted to defend them in order to strive for a lighter sentence.
According to the provisions of the Criminal Law, if a traffic accident causes the death of another person, in accordance with the provisions of the Criminal Law, the penalty shall be fixed-term imprisonment, and the letter of understanding can only help to reduce the sentence.
With regard to the issue of compensation for a car accident, if the two parties fail to reach an agreement on the issue of compensation, or if the other party is unwilling to negotiate, the parties concerned may file a lawsuit with the court for compensation.
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Legal analysis: As long as it is legal within the normal scope of compensation, positive compensation can be used to obtain a suspended sentence, so obtaining the understanding of the other party can be discretionary sentencing circumstances, and the corresponding compensation can be considered as appropriate, and the specific amount is grasped and measured by oneself. It is lawful within the normal scope of compensation, and positive compensation can be used to obtain a suspended sentence, so obtaining the understanding of the other party can be discretionary in sentencing circumstances, and the corresponding compensation can be considered as appropriate, and the specific amount is determined and measured by oneself.
The civil part cannot be reversed, and the criminal part is a matter for the public security organs, and it has nothing to do with your repentance. At this time, the criminal will still be sentenced and punished, and at the same time, in terms of civil compensation, it needs to be handled in accordance with the agreement between the two parties. If the other party does not pay compensation after signing the letter of understanding, you can apply to the court for enforcement with this letter of understanding.
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.
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Summary. From a legal point of view: it is not illegal to ask for 100,000 yuan in the letter of understanding and only give 20,000 yuan to disagree.
The letter of understanding is not a provision made by law, the letter of understanding is only used in the sentencing procedures of the people's court, and it is handled by the parties themselves through negotiation, and the parties can negotiate on the conclusion of the letter of understanding, as for the amount of negotiation, the law does not make clear provisions, as long as the two parties voluntarily reach it, there is no limit to the amount, even if the other party asks for 100,000 yuan, it is not an illegal act.
From a legal point of view: it is not illegal to ask for 100,000 to give 20,000 yuan in the letter of understanding. The letter of understanding is not a legal provision for round talks, the letter of understanding is only used in the sentencing procedures of the people's courts, and is handled by the parties themselves through negotiation, and the parties can negotiate on the conclusion of the letter of understanding, as for the amount of negotiation and collision, the law does not make clear provisions, as long as the two parties voluntarily reach it, there is no limit to the amount, even if the other party asks for 100,000 yuan, it is not an illegal act.
Legal basis: Article 61 of the Criminal Law of the People's Republic of China shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the offender, the nature of the offender, the circumstances and the degree of harm to society. Article 63: Where offenders have mitigating circumstances as provided for in this Law, they shall be given a criminal punishment below the legally-prescribed penalty; Where this law provides for several sentencing ranges, a sentence shall be given within the next sentencing range of the legally-prescribed sentencing range.
Although the offender does not have the mitigating circumstances provided for in this Law, he may also be sentenced to a penalty below the statutory penalty based on the special circumstances of the case and with the approval of the Supreme People's Court.
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Legal analysis: 1. You can go to the people's court where the defendant is domiciled to file a lawsuit for civil tort compensation, that is, you can get back the compensation you should have by legal means. (1) File an attached civil lawsuit with the court to demand compensation for medical expenses, nursing expenses, lost work expenses, etc.
2) If a criminal judgment has already been rendered, a separate civil lawsuit may be filed with the court to demand compensation from the other party. (3) If the other party refuses to perform the court judgment, it may apply to the court for compulsory enforcement. 2. 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, the parties may reconcile.
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 mitigation and mitigating in criminal law. 3. There is no fixed format for the criminal letter of understanding itself, and the purpose of issuing the letter of understanding is to reduce the punishment of the criminal suspect, and some may 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 undertaking the case is generally to handle it specifically for the criminal suspect, but if the circumstances are minor and do not need to hire a lawyer, the format of this letter of understanding may be referred to.
If the premise of the letter of understanding is that the victim has been harmed, it shall be clearly stated that the compensation has been agreed upon and the actual compensation has been completed, and if no harm has been caused to the victim, there is no need to express it, 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.
Legal basis: Article 2 of the Criminal Procedure Law of the People's Republic of China? The tasks of the Criminal Procedure Law of the People's Republic of China are to ensure that the facts of crimes are accurately and promptly ascertained, the law is correctly applied, criminals are punished, the innocent are not criminally prosecuted, citizens are educated to consciously abide by the law, actively struggle against criminal acts, the socialist legal system is safeguarded, human rights are respected and protected, citizens' personal rights, property rights, democratic rights, and other rights are protected, and the smooth progress of the cause of socialist construction is guaranteed.
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