Indemnity Agreements, Letters of Understanding and Indemnity Agreements

Legal Analysis: The letter of understanding generally only states the reason (positive repentance; compensation for damages; personal situation; Families, businesses, etc.) to forgive the parties' actions and request that they be given a lighter punishment or be exempted from criminal punishment.

Compensation agreement: 1. The total amount of compensation.

2. Payment method and date.

3. The compensation involved in the agreement is a one-time final compensation, and after Party A pays Party B's fees, Party B shall not file a claim or lawsuit against Party A and any third party for any reason in the future.

4. When the agreement is signed, both parties are signed voluntarily, and there is no major misunderstanding or fairness. The parties shall not repudiate the agreement for any reason.

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.

Is there a provision for compensation in the letter of understanding, the criminal suspect can be reconciled after negotiation with the victim, and when the criminal suspect and the victim reconcile, it is necessary to compensate for losses, let's take a look at whether there are provisions for compensation in the letter of understanding.

There are regulations, which are as follows:

If someone dies and the other party does not issue a letter of understanding, it will definitely not be possible to give a suspended sentence.

Article 133 of the Criminal Law of the People's Republic of China stipulates that a person who violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;

Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. The "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention in any of the following circumstances:

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) Where three or more people are killed, they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more'。In any of the following circumstances, where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident.