Is criminal liability still pursued after criminal settlement?

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After criminal settlement, criminal responsibility is still to be pursued in accordance with law, but the public security organs and procuratorates will recommend a lenient punishment, and where the circumstances of the crime are minor and no criminal punishment is necessary, 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 basis] Article 290 of the Criminal Procedure Law, in cases where a settlement agreement is reached, the public security organ 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; 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.

After the criminal settlement, criminal responsibility should still be pursued in accordance with the law.

Criminal conciliation refers to litigation activities in which in the course of criminal proceedings, through mediators or other organizations, enables the victim to communicate directly with the criminal suspect or defendant and negotiate together, and after the two parties reach a civil compensation settlement agreement, the judicial organs will no longer pursue criminal responsibility for the criminal suspect or defendant or reduce criminal responsibility according to the specific circumstances of the case.

Criminal reconciliation, also known as reconciliation between the perpetrator and the victim, or mediation between the perpetrator and the victim, refers to the direct contact and conversation between the perpetrator and the victim after the crime has occurred, through the help of the mediator, to face up to the harm caused to the victim by the crime, and then the two parties reach a compensation agreement to finally resolve the criminal dispute. The purpose of the program is to make up for the harm suffered by the victim, to restore the social relations damaged by the victim, and to rehabilitate the perpetrator and reintegrate into society.

The necessity of criminal reconciliation in China is mainly reflected in the following aspects:

1. Safeguards conducive to the interests of victims;

2. It is conducive to the protection of the human rights of the prosecuted person and the prevention of crime;

3. It is conducive to saving judicial resources and improving the efficiency of criminal proceedings;

4. It meets the requirements of the criminal policy of blending leniency and severity, and is conducive to building a harmonious society.

The applicable objects and scope of criminal reconciliation include juvenile criminal suspects and adult criminal suspects who are negligent, incidental, and first-time offenders. The scope of application is limited to misdemeanor cases, that is, cases where a sentence of up to three years imprisonment, short-term detention, or controlled release may be imposed. The conditions for criminal settlement are that the perpetrator's guilty plea is voluntary, including the willingness of both the victim and the perpetrator.

Criminal reconciliation participants shall include the following persons:

1. Victims and their legally-designated persons or guardians, entrusting persons, and close relatives;

2. The perpetrator and his legal person or guardian, the person who entrusts the person, and close relatives;

3. Teachers at the school where the perpetrator attends or a representative of the work unit, or a representative of the neighborhood committee or village committee at the place of household registration;

4. Mediator of the People's Mediation Committee;

5. Supervisors dispatched by the people's courts or judicial administrative departments;

6. Other persons participating in the settlement with the consent of both the victim and the perpetrator.

Laws and Regulations

Criminal Procedure Law of the People's Republic of China

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 persons who have a knot, conduct a review of the voluntariness and legality of the settlement, and preside over the drafting of the settlement agreement.

Criminal settlement includes two procedures: economic compensation settlement and criminal liability disposal. In the process of reconciliation, the victim and the perpetrator may fully explain the impact of the crime on them and their opinions on criminal responsibility, and choose a mutually agreeable plan to make up for the damage caused by the crime; In the course of disposing of criminal responsibility, the perpetrator may receive a mitigated, commuted, or waived punishment. In this way, the victim can receive double compensation both mentally and materially, and the perpetrator can win the victim's forgiveness and the double opportunity to reform and reintegrate into society as soon as possible.

In short, criminal responsibility will still be pursued, but it will be lighter than the sentence without settlement.

The conditions for the application of criminal settlements are:

1. The criminal suspect or defendant sincerely repents;

2. The case falls within the scope of application of criminal settlement;

3. Obtaining the victim's voluntary forgiveness.

In any of the following circumstances, the expedited procedures are not applicable:

1. The defendant is blind, deaf, or mute, or a mentally ill person who has not completely lost the ability to recognize or control his or her own behavior;

2. The defendant is a minor;

3. The case has a major social impact;

4. In cases of joint crimes, some defendants have objections to the alleged facts of the crime, charges, sentencing recommendation, or the application of the expedited procedures;

5. The defendant and the victim or their legally-designated ** person have not reached a mediation or settlement agreement on matters such as compensation for attached civil litigation;

6. Other situations where it is not appropriate to apply the expedited procedures at trial.

To sum up, if the two parties settle, the public security organs, people's procuratorates, and people's courts shall listen to the opinions of the parties and other relevant persons, review the voluntariness and legality of the settlement, and preside over the drafting of the settlement agreement.

Legal basis]:

Article 288 of the Criminal Procedure Law of the People's Republic of China.

Scope of application of settlement agreements] 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.