1. How to write a letter of understanding so that it has legal effect

A criminal letter of understanding only needs to state that an understanding is given and no further liability will be pursued, and the victim signs it. It has legal effect. If the victim or the victim's family reaches a criminal settlement with the defendant and issues a letter of understanding to the defendant, the procuratorate may decide not to prosecute the defendant based on the specific circumstances of the case, and the court may also impose a lighter punishment on the defendant as appropriate.

In criminal cases, although the issuance of a letter of understanding is not a statutory mitigating circumstance, it is a discretionary mitigating circumstance. If the defendant's criminal behavior causes material losses to the victim or causes casualties to the victim, after the defendant or his family actively compensates the victim, a criminal settlement agreement can be reached, and the victim or the victim's family will issue a letter of understanding to the defendant and hand in To the public security organ, procuratorate or people's court, the procuratorate may not prosecute the defendant depending on the circumstances, and the court will generally give the defendant a lighter punishment when sentencing.

A letter of understanding is a letter issued by the victim to the suspect or defendant to express understanding of the suspect or defendant's criminal behavior and hope to reduce or exempt the suspect or defendant from punishment. Informal legal documents are mainly used in criminal cases and are generally not used in civil dispute cases.

2. Can you still be held criminally responsible after signing a letter of understanding?

Can you still be held criminally responsible after signing a letter of understanding? With the victim's understanding, criminal suspects and defendants still need to bear criminal responsibility. The letter of understanding is only a factor that allows for a lighter sentence as appropriate. It does not mean that criminal punishment can be exempted after obtaining the understanding of the parties.

For cases in which a settlement agreement has been reached, the public security organs may make suggestions for leniency to the People's Procuratorate. The People's Procuratorate may make recommendations to the People's Court for leniency in punishment; if the crime is minor and does not require a penalty, it may decide not to prosecute. The people's court may impose lenient punishment on the defendant in accordance with the law.

In criminal cases, whether the victim will still be sentenced after obtaining a letter of understanding needs to be considered based on the specific circumstances of the entire case. If the crime is minor and the People's Procuratorate believes that there is no need to impose a penalty, it will make an inappropriate decision. The decision to prosecute will naturally lead to no sentence; if the crime is serious, even if a letter of understanding from the victim is obtained, the People's Procuratorate will investigate the criminal liability of the offender in accordance with the law, but a lenient punishment can be obtained after obtaining a letter of understanding.

In order for a letter of understanding to be legally binding, it must be signed voluntarily, explain the basic circumstances of the case, and have the signature of the person who understands the case. After obtaining the letter of understanding, criminal liability must also be pursued, but you can A lighter or reduced punishment; if the crime is minor and the harm to society is not great, the person may be exempted from punishment after obtaining the victim's understanding.