After a criminal case occurs, the public security organ may organize both parties to mediate on civil compensation, and the reached mediation or reconciliation agreement has legal effect. If the circumstances of the crime are obviously minor and the public security organ has not filed a case, criminal responsibility may not be investigated.
In addition, if the two sides reach a settlement agreement, the court can also give a lighter punishment when sentencing.
Procedures for handling criminal cases by public security organs
Article 183 If one of the following circumstances is found after investigation, the case shall be dismissed:
(1) There are no criminal facts;
(two) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(3) The crime has passed the limitation period for prosecution;
(4) Being exempted from punishment by an amnesty order;
(5) The criminal suspect is dead;
(six) other people who are not investigated for criminal responsibility according to law.
After investigation, it is found that there are criminal facts that need to be investigated for criminal responsibility, but they are not committed by criminal suspects who have filed a case for investigation, or some criminal suspects in the same criminal case are not enough for criminal punishment, the investigation of relevant criminal suspects shall be terminated and the case shall be continued.
Criminal procedure law
Article 277 In the following cases of public prosecution, the criminal suspect or defendant sincerely repents by means of compensation for losses or apology, and obtains the understanding of the victim. , and the victim voluntarily reconciled, both parties can reconcile:
(a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than three years;
(two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years.
If a criminal suspect or defendant intentionally commits a crime within five years, the procedures specified in this chapter shall not apply.
Article 278 If both parties reach a settlement, the public security organ, the people's procuratorate and the people's court shall listen to the opinions of the parties and other relevant personnel, examine the voluntariness and legality of the settlement, and preside over the making of a settlement agreement.
Article 279 The public security organ may make suggestions to the people's procuratorate for leniency in cases where a settlement agreement is reached. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may punish the defendant lightly according to law.