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Can I get the letter of understanding and be exempted from prosecution?

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Can I get the letter of understanding and be exempted from prosecution?


        

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  • 2024-06-17 15:00:01

    Obtaining the letter of understanding cannot exempt from prosecution. The public security organ may make suggestions to the People's Procuratorate for leniency in cases where a settlement agreement has been reached. The People's Procuratorate may propose to the People's Court a lenient punishment; If the circumstances of the crime are minor and it is unnecessary to impose criminal punishment, a decision not to initiate a prosecution may be made. The people's court may give lenient punishment to the defendant according to law. Depending on the case, it is suggested to entrust lawyers in time to meet the parties, understand the case, provide legal assistance, and handle bail pending trial; Read the case file, obtain favorable evidence, find out the case, try your best to strive for the minimum sentence, so as not to miss the best opportunity, and safeguard the legitimate rights and interests of the parties to the greatest extent.

    Legal basis

    Article 171 of the Criminal Procedure Law of the People's Republic of China When examining a case, the People's Procuratorate must ascertain:
    (1) Whether the facts and circumstances of the crime are clear, whether the evidence is accurate and sufficient, and whether the determination of the nature of the crime and the crime is correct;
    (2) Whether there are omissions of crimes and other persons who should be investigated for criminal responsibility;
    (3) Whether it belongs to those who should not be investigated for criminal responsibility;
    (4) Whether there are incidental civil actions;
    (5) Whether the investigation is legal.

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