Rape is a typical public prosecution case.
Even if the victim or the victim's family issues a letter of understanding, it will not affect the flow of the public prosecution case. The procuratorate will still file a public prosecution and the court will still make a judgment. However, if the victim's understanding is obtained, the defendant may be given a lighter or mitigated punishment. Of course, there are always exceptions. In rare special circumstances, there are indeed cases where the victim does not prosecute because of understanding. In a rape case handled by our colleague, the defendant and the victim are classmates, both of whom are college classmates, and they usually have a certain ambiguous relationship. The defendant raped the victim after drinking. After the victim informed his parents, he reported the case accompanied by his parents.
However, at the stage of the procuratorate, the parents of both sides met several times. This man's parents are very sincere and kind. The woman's parents also felt that the child was just confused for a while and did not want to pursue the man's criminal responsibility, so they issued a letter of understanding and actively hoped that the procuratorate would not prosecute. As a result, the procuratorate believes that this will not affect the investigation of criminal responsibility, or insist on prosecution.
In this case, my colleague suggested that since neither side wants to make a mountain out of a molehill and get to know each other and recognize each other, let's get married. After consultation, both men and women agreed to get married. So I got my license soon. After receiving the certificate, the procuratorate felt that there was no need to pursue criminal responsibility, so it made a decision not to sue.
Getting a letter of understanding can be given a lighter punishment.
In criminal cases, the letter of understanding plays a role in resolving contradictions and disputes. Mainly for criminal cases with victims, the defendant or the relatives of the defendant give compensation or compensation to the victim to a certain extent, and the victim expresses his understanding to the defendant and applies to the judicial organ for a document to punish the defendant lightly.
However, the scope of application of the letter of understanding is far greater than the criminal reconciliation procedure stipulated in the Criminal Procedure Law. No matter what the case is, as long as you get a letter of understanding, you can get a certain lighter punishment. According to the latest regulations on standardized sentencing that came into effect on July 1 20265438, the maximum sentence can be reduced by less than 40%.
Under special circumstances, it can be sentenced to probation or even exempted from criminal punishment.
This is mainly in the case of lenient or minor circumstances in law. For example, the two sides did not divorce, but during the separation, the man had forced a relationship with the woman. This situation is generally considered to constitute marital rape, but if understanding is obtained, it can be given a lighter punishment and suspended sentence. This is a typical case in the past.
For another example, at first, the woman did not agree, and the man forced a relationship with the woman, but later the woman fell in love with the man and wanted to marry him and have children, and the man agreed, so in this case, the man can be given a lighter punishment. For example, after the rape, the man voluntarily surrendered to the public security organ, truthfully confessed his crime, and then the woman expressed her understanding, so he could also be sentenced to probation.
It is impossible to escape legal punishment for causing death and rape. After all, it is bad in nature. This is not an ordinary case. If it causes death, you can not die, but you must go to jail, at least life imprisonment, suspended for two years. This is the best result. After all, this is a matter involving human life. Everybody said that, right?