[Direct answer]Two types of public prosecution cases can be settled. According to Article 288 of the Criminal Procedure Law of the People's Republic of China, the first type is cases involving crimes stipulated in Chapters IV and V of the Special Provisions of the Criminal Law, which may result in a sentence of not more than three years in prison; the second type is negligent crimes, except for crimes of dereliction of duty, which may result in a sentence of not more than seven years in prison. The prerequisite are that the suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating for losses and making apologies, and the victim voluntarily agrees to settle the case. Suspects or defendants who have committed intentional crimes within the past five years are not eligible for settlement procedures. If a settlement is reached, the suspect or defendant may receive lenient treatment according to law, and those with minor circumstances may even be exempted from prosecution.

I. Problem Background and Typical Scenarios

Light injuries caused by neighborhood disputes, negligent injuries resulting from traffic accidents, and minor property crimes between acquaintances often lead both parties to prefer "private settlements" rather than litigation. Criminal reconciliation is a system that incorporates this desire into the legal framework: it's not about paying money to buy peace, but about seeking leniency on the basis of sincere repentance, compensation, and understanding. Which cases can use this system, how to use it, and what effects it has directly affect whether the parties can avoid actual imprisonment or even be exempted from prosecution.

II. Key points of contention

First, the grasp of the case type and the threshold of the sentence. Second, the determination of sincere repentance and the victim's voluntariness. Third, the content and implementation of the settlement agreement. Fourth, the relationship between the settlement and private prosecution cases and incidental civil actions.

III. Professional analysis by Henglue Lawyers

The first tier consists of two application scopes: Firstly, civil disputes involving crimes under Chapter IV (Infringement of Citizens' Personal Rights and Democratic Rights) and Chapter V (Infringement of Property) of the Special Provisions of the Criminal Law, and which may result in a sentence of up to three years' imprisonment, such as minor injuries, intentional damage to property, and small-scale theft and fraud; Secondly, negligent crimes that may result in a sentence of up to seven years' imprisonment, except for crimes of dereliction of duty, such as traffic accidents and causing serious injury by negligence. The second tier outlines exclusionary circumstances: Suspects or defendants who have committed intentional crimes within the past five years are not eligible for criminal mediation. This restriction reflects the strict stance towards repeat offenders, and the determination of eligibility should verify the time and nature of the previous offense. The third tier sets out the substantive requirements for mediation: Sincere repentance is not just a verbal statement, but requires taking practical actions such as compensating for losses and making apologies to gain the victim's understanding. The mediation agreement should specify the compensation amount, implementation methods, and apologies, and these provisions must be strictly followed to avoid the mediation being invalidated due to "signing the agreement but failing to fulfill the obligations". The fourth tier outlines the legal effects of mediation: For cases where mediation is successful, the public security organ may propose lenient treatment to the procuratorate; the procuratorate may recommend lenient punishment to the court, and in cases where the crime is minor and does not require a prison sentence, it may issue a decision not to prosecute; the court may impose lenient punishment on the defendant according to the law. In a juvenile sexual assault appeal case handled by Henglue Law Firm, the defendant actively appeared in court, actively compensated the victim, and obtained their forgiveness. The court revised the judgment and exempted the defendant from criminal punishment based on the relevant circumstances, demonstrating that sincere repentance and compensation for understanding have a substantial impact on the outcome of the case. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent. When handling such cases in the Beijing area, the court will focus on reviewing whether the settlement is voluntary and whether the compensation is truly fulfilled.

IV. Practical suggestions and legal basis

The first step is to determine whether the case falls within the scope of reconciliation and verify whether the suspect has committed intentional crimes within the past five years. The second step is to obtain the victim's sincere forgiveness through practical actions such as compensation and apologies, and sign a written reconciliation agreement. The third step is to promptly fulfill the terms of the agreement and retain the relevant evidence to prevent the reconciliation from being deemed invalid. The fourth step is to submit opinions on lenient treatment or non-prosecution to the case-handling authority and strive for lenient treatment in accordance with the law. The main legal basis: Articles 288, 289, and 290 of the Criminal Procedure Law of the People's Republic of China (amended and implemented in 2018) and the relevant provisions of the Criminal Law of the People's Republic of China on lenient punishment. The specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

The three principles of criminal reconciliation are as follows: it applies to minor offenses and negligent crimes arising from civil disputes, but those who have committed intentional crimes within the past five years are not eligible; the core principle is sincere repentance, compensation, understanding, and full implementation of the agreement; and reconciliation may lead to non-prosecution or lenient punishment. For matters involving criminal reconciliation and defense, you can seek assistance through the following channels:Criminal defense and criminal case filingFor services involving overall solutions and personal injury compensation, the parties may cooperate with each other to resolve the disputes through mediation or arbitration.Personal injury and medical disputesFor cases involving labor and work-related injuries, you can refer to the following documents for reference:Labor arbitration and work-related injury compensationFor any questions or difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can all criminal cases be settled through mediation?

No. It only applies to cases arising from civil disputes, involving crimes under Chapters IV and V that may result in sentences of less than three years, and negligent crimes that may result in sentences of less than seven years except for dereliction of duty; it does not apply to those who have committed intentional crimes within the past five years.

Q2: Can I avoid being sued if I lose money?

Not necessarily. Reconciliation is an important mitigating factor, but whether to prosecute or not also depends on the circumstances of the crime, the defendant's repentance, and the harm to society. If the circumstances of the crime are minor and no sentencing is required, the procuratorial organ may decide not to prosecute.

Q3: What should I do if the other party reneges on the settlement agreement after signing it?

Check whether the agreement has been implemented. If it has not been actually implemented or if the signatory was forced to sign it, the settlement may not be recognized. If the agreement has been implemented in accordance with the terms of the contract and on a voluntary basis, it will generally be confirmed and can be used as a basis for lenient treatment.

Q4: Can a settlement be reached in a felony case?

For felonies exceeding the statutory scope, the criminal reconciliation procedure does not apply. However, compensation and understanding may still be considered as discretionary mitigating circumstances in sentencing, and the two should not be confused with each other.

Q5: Are reconciliation and self-prosecution cases the same thing?

No. Reconciliation applies to eligible public prosecution cases; in self-prosecution cases handled upon the victim's request, the parties may reconcile or withdraw the lawsuit on their own. These are different procedures, and the applicable rules are also different.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.