In criminal cases, the victim's understanding has a certain influence on the conviction and sentencing of criminal suspects or defendants, but it is not a decisive factor. The difference between understanding and not understanding in criminal proceedings is mainly reflected in the following aspects.
I. Definition and significance of understanding
Understanding means that the victim or his family members show forgiveness or understanding for the behavior of the criminal suspect or defendant, usually in written or oral form. In criminal cases, the victim's understanding can be regarded as one of the circumstances of sentencing, which has certain influence on the punishment of criminal suspects or defendants.
Second, there is understanding.
1. Lighter punishment: With the understanding of the victim, the court may, as appropriate, give a lighter or mitigated punishment to the criminal suspect or defendant. This reflects the policy of "combining leniency with severity" in criminal law, which is conducive to the resolution of social contradictions and reconciliation between the parties.
2. Application of suspended sentence: The court may consider applying suspended sentence to criminal suspects and defendants with cognitive ability and give them a chance to turn over a new leaf.
3. Conditions for commutation: If a criminal suspect or defendant shows understanding, performs well and repents during the execution of the penalty, he can get commutation according to law.
Third, I don't know the situation.
1. Strict sentencing: In the absence of the victim's understanding, the court can impose heavy penalties on the criminal suspect or defendant when sentencing, so as to protect the rights and interests of the victim and punish the criminal acts.
2. Restrictions on probation: For unknown criminal suspects or defendants, the court may restrict the application of probation when making a judgment to ensure the seriousness and fairness of punishment.
3. It is more difficult to reduce the sentence: it is relatively difficult for unforgivable criminal suspects and defendants to obtain a reduced sentence during the execution of the penalty.
To sum up, the difference between knowing and not knowing a crime is mainly reflected in sentencing, probation application and commutation conditions. The victim's understanding reflects the forgiveness and understanding of the criminal suspect or defendant to a certain extent, which is helpful to promote social harmony and reconciliation between the parties. However, understanding is not the decisive factor, and the court should comprehensively consider other factors when making a judgment to ensure the fairness and reasonableness of the penalty.
Legal basis:
Article 61 of the Criminal Law of People's Republic of China (PRC) stipulates: "When deciding the punishment, a criminal shall be sentenced according to the facts, nature and circumstances of the crime and the degree of harm to society in accordance with the relevant provisions of this Law." This provision provides a legal basis for the court to comprehensively consider various factors including the victim's understanding.