Current location - Quotes Website - Signature design - Can the Procuratorate settle criminal cases? Zhihu
Can the Procuratorate settle criminal cases? Zhihu

No, if you are suspected of violating the criminal law, you need to bear criminal responsibility accordingly.

1. Can criminal cases be settled with money?

1. This is not the case.

2. Actively compensate the victim or the victim’s immediate family and obtain their written understanding. This is only a legal reason for a lighter or mitigated punishment. When the crime is minor, at the same time, take the initiative to surrender, admit guilt, and repent. Under such circumstances, the judicial authority may make a decision without decision or exempt from punishment. However, if the crime does not constitute a minor crime and is a relatively serious criminal offence, even if the victim actively compensates and obtains the victim’s understanding, voluntarily surrenders, knows the crime and pleads guilty, the judicial authority can only impose a lighter or reduced punishment in accordance with legal principles.

3. If anyone commits any crime, no matter how serious it is, as long as he actively compensates, "uses money to solve the problem of civil liability" and obtains the understanding of the victim or the victim's immediate family members, the law will still not punish him. This is processed. Then it is tantamount to conveying to future generations and the international community the value concept that "money can buy everything, and as long as you have money, you can commit any crime without being punished." This will be ridiculed by future generations and the international community. It is also an extremely wrong concept of value. This is contrary to the legislative principle that everyone is equal before the law and that "princes who commit crimes are equally guilty as common people."

4. In summary, the judicial authorities can actively compensate and obtain the understanding of the victim or immediate family members only when the crime is minor, the crime is minor, the crime is voluntarily surrendered, the crime is repentant, and the judicial authorities are able to According to statutory principles, within the scope of its own discretion and based on the circumstances of the case, it makes a judgment of no decision or exemption from punishment. For crimes that do not constitute minor circumstances and result in relatively serious consequences, even if all the above circumstances are present, the crime can only be given a lighter punishment or a reduced punishment.

2. Can criminal detention be lifted?

(1) Establishing a criminal information database

In order to strengthen the effective management of criminal information, relying on the existing networks and resources of political and legal agencies, the public security agencies, national security agencies, and people Procuratorates and judicial administrative agencies will establish relevant record information databases and realize interconnection. When conditions are mature, a unified national criminal information database will be established.

The information entered by the criminal information registration authority shall include the following: basic information of the criminal, the name of the prosecutorial agency (private prosecutor) and the judicial agency, the judgment number, the date of judgment, the crime, and the sentence imposed. and the execution of penalties, etc.

(2) Establish a criminal information reporting mechanism

The people's court shall promptly notify the criminal information registration authority of the effective criminal judgment documents and other relevant information.

Prisons and detention centers should promptly send the "Notice of Released Persons" to the criminal information registration authority where the released person's domicile is located.

As for the question of whether your criminal detention with a criminal record can be eliminated, the county-level judicial administrative agency should promptly send the "Notice of Expiration of Correction Period for Community Prisoners" to the criminal information of the place where the correctional officer's household registration is located. Registration authority.

Based on the needs of handling cases, state agencies inquire about relevant criminal information from criminal information registration agencies, and relevant agencies should cooperate.

I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.

Legal basis: Article 2 of the "Criminal Law of the People's Republic of China and the People's Republic of China" The task of the Criminal Law of the People's Republic of China and the People's Republic of China is to use punishment to fight against all criminal acts in order to safeguard national security and safeguard national security. The political power and socialist system of the people's democratic dictatorship protect state-owned property and property collectively owned by the working people, protect citizens' private property, protect citizens' personal rights, democratic rights and other rights, maintain social order, economic order, and guarantee socialism The construction project proceeds smoothly.