At the sixth meeting of the 13th National People's Congress Standing Committee, which was just concluded, the "Decision on the Amendment of the" Criminal Procedure Law of the People's Republic of China "" was adopted. The further improvement of the system makes it clear that the failure to reach a settlement agreement due to the defendant's inability to meet the victim's reasonable requirements does not affect the application of leniency and leniency, which means that the era of the victim's sky-high asking prices may end.

The biggest highlight of the revised criminal prosecution law in the application of the leniency system of plea confession and punishment is that it is not affected by the will of the victim. The revised criminal procedure law will listen to the views of the victim and its litigation agent as a people's procuratorate to handle the case of pleading guilty Must go through the procedure. For the criminal suspects who pleaded guilty and pleaded guilty, but did not apologize, return stolen goods, compensate for losses, and fail to reach a mediation or settlement agreement with the victim to obtain an understanding, the procuratorial organ should make a difference when considering how to be lenient. The failure to reach a settlement agreement due to the defendant ’s inability to meet the victim ’s unreasonable requirements does not affect the application of the leniency plea punishment leniency system. Special emphasis is put on that procuratorial organs at all levels cannot be affected by the will of the victims in order to prevent the victims from asking for price. Judging and handling cases must be strictly in accordance with the law, and fairness and justice must be reflected.

   The biggest highlight of the revised criminal prosecution law in the application of the leniency system of plea confession and punishment is that it is not affected by the will of the victim. The revised criminal procedure law will listen to the views of the victim and its litigation agent as a people's procuratorate to handle the case of pleading guilty Must go through the procedure. For the criminal suspects who pleaded guilty and pleaded guilty, but did not apologize, return stolen goods, compensate for losses, and fail to reach a mediation or settlement agreement with the victim to obtain an understanding, the procuratorial organ should make a difference when considering how to be lenient. The failure to reach a settlement agreement due to the defendant ’s inability to meet the victim ’s unreasonable requirements does not affect the application of the leniency plea punishment leniency system. Special emphasis is put on that procuratorial organs at all levels cannot be affected by the will of the victims in order to prevent the victims from asking for price. Judging and handling cases must be strictly in accordance with the law, and fairness and justice must be reflected.

  As a legal person, editors are accustomed to the fact that victims use criminal sanctions to ask for price. In the past criminal justice practice, whether the victim can reach an understanding with the defendant is a case of the defendant's confession of guilt. Decided whether the defendant's sentencing was suspended or imprisoned, severe or light sentence. Many local court procuratorates have specifically issued local sentencing guidelines on whether the victim's understanding can be obtained as a principle of leniency. And how can we win the understanding of the victim, in addition to admitting the wrong attitude is more sincere and heavier is to have financial compensation. What is the appropriate amount of compensation? There is no clear stipulation in the law. This is after all a matter negotiated by both parties and the law is embarrassed to interfere. Without legal constraints, the situation of asking for prices from time to time will happen from time to time. There was once a real case where the two young guys had a dispute and beat one side to minor injuries. Afterwards, the young man also cooperated with the confession and confession. But the problem is stuck in understanding. originally thinking about the other party's medical expenses, it would cost about 20,000 yuan. If you get a 50,000 yuan, it is estimated that others will no longer be held accountable. Who knows that the other party's lion has a big mouth, and thinking about the other party is sure that this son is a good baby, and the mouth will be 200,000 yuan. They are ordinary working families. Where did they get so much money? In the end, both parties failed to reach an understanding and were sentenced to real sentence. Sometimes it's time to think about whether this young man could be forgiven if he was born in the coal boss' family and sentenced to probation. Most people are ordinary people, and there are very few people who have mines at home. Do you have to admit your fate at this time, even if you have a good attitude of confession and punishment?

    The new Criminal Procedure Law stipulates that if the victim's unreasonable asking price fails to reach a settlement, the guilty plea and punishment shall be leniently recognized and applied. The revised Formal Procedural Law emphasizes that the handling of criminal cases cannot be influenced by the will of the victim. If the defendant does not have the ability to compensate and cannot meet the victim ’s unreasonable requirements, and the settlement agreement cannot be reached, it will not affect the confession and punishment. Application of the system. The defendant can bravely say no to the victim's sky-high asking price. Whether to reach a settlement depends on two aspects: 1. The defendant ’s ability to compensate. You said how can you compare mine with mine at home and farming at home. 2. Whether the victim's request is reasonable. If the victim ’s loss is 100,000 yuan but the opening cost is 500,000 yuan or 1 million yuan, this is obviously an unreasonable requirement. Of course, these two conditions given by the new regulations are not specific data, and both need to be detailed and quantified in judicial practice, and comprehensive judgments should be made according to the circumstances of the case in specific case practice. In any case, the introduction of the new regulations breaks the principle of not understanding and not lenient, and makes sentencing more idealistic and humane.