[Direct answer]In the Beijing area, criminal reconciliation is a mitigating circumstance, which does not mean that the case will be dismissed or that criminal responsibility will be waived. Whether to prosecute or not is decided by the judicial authorities in accordance with the law. According to the Criminal Procedure Law of the People's Republic of China, criminal reconciliation applies to some cases caused by civil disputes and those that may be sentenced to fixed-term imprisonment of not more than three years. After reaching a reconciliation, the public security organ may propose to the procuratorate to give a mitigating punishment, and the procuratorate may propose to the court to give a mitigating punishment. For cases with minor criminal circumstances that do not require sentencing, the procuratorate may make a decision not to prosecute. That is to say, reconciliation usually leads to mitigating, lenient or even non-prosecution, but the parties have no right to decide "not to pursue the case" on their own. If there is fraud, coercion or failure to fulfill compensation in the reconciliation, the parties may claim to revoke it or bring a separate lawsuit for the civil part.

1. Problem background and typical scenarios

In minor criminal cases, the perpetrator often offers compensation in exchange for the victim's forgiveness, and the two parties sign a settlement agreement and issue a letter of understanding. If the victim later regrets the decision or discovers that the compensation has not been paid or the injury has worsened, they may question whether they can still pursue legal action after reaching a settlement. Some perpetrators also mistakenly believe that signing a settlement agreement means the matter is completely resolved. Typical scenarios include: the other party failing to pay the compensation on time after the settlement; significant misunderstandings about the injury or losses during the settlement process; or the victim signing the letter of understanding under pressure. When handling such cases in Beijing, the authorities will review whether the settlement was voluntary and whether it was genuinely implemented, and then decide on the degree of leniency.

II. Key points of contention

First, the scope of application and non-application of criminal reconciliation, and whether serious crimes can be reconciled. Second, the actual impact of reconciliation on conviction and sentencing, and whether it can lead to non-prosecution or exemption from criminal punishment. Third, how to handle the non-performance or partial performance of the reconciliation agreement. Fourth, whether the letter of understanding can be withdrawn, and the conditions and consequences of withdrawal. Fifth, whether the victim can claim compensation for material losses in criminal litigation. Sixth, the remedies for new damages or aggravating circumstances discovered after reconciliation.

III. Professional analysis by Henglue Lawyers

A criminal incidental civil lawsuit case of intentional homicide handled by Henglue Law Firm illustrates from a negative perspective how "accountability" should be carried out in accordance with the law. On the night of June 16, 2024, defendant Zhang Daqiang had a dispute with Zhao Gang and others at the mixing station over the quality of the concrete during construction. After being persuaded to return to the dormitory, he still drove his car at a speed of about 60 to 62 kilometers per hour into the laboratory, causing Zhao Gang's death on the spot and injuries to Zhang Bin and Li Yuanzheng. The victim's wife entrusted Henglue Law Firm to represent her in the incidental civil lawsuit. Through in-depth review of the case file, the lawyer refuted the defense lawyer's arguments about subjective intent, voluntary surrender, the victim's fault, and the nature of the crime one by one, and argued that it should be determined as intentional homicide and subject to heavier punishment. The court ultimately adopted the lawyer's opinion, sentencing Zhang Daqiang to death for intentional homicide, and supported the victim's family's compensation request in the incidental civil lawsuit. This case shows that whether to pursue accountability and to what extent it should be pursued depends on the nature of the act, the circumstances, and the evidence, which are judged by the judicial authorities in accordance with the law. Returning to criminal reconciliation: For minor cases that may be sentenced to less than three years in prison, if the perpetrator sincerely repents, compensates for the losses, and obtains forgiveness, he may be given a lenient punishment or even not prosecuted; but the perpetrator has no right to replace legal evaluation with reconciliation. If the victim has not received actual compensation or has been deceived or coerced, he can also seek remedies through civil litigation, appeals, and other means. This case was handled by Beijing Henglue Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Before signing a settlement agreement, verify the scope of losses and the ability to compensate to avoid giving up all rights at once. 2. Require payment via traceable methods such as bank transfers, and keep receipts and performance certificates. 3. The settlement content should clearly specify the compensation items, amounts, timeframes, and breach of contract liabilities. 4. If the other party fails to fulfill their obligations, promptly request the revocation of the settlement or initiate separate civil litigation. 5. For cases involving personal injury, you can file an incidental civil lawsuit to claim material damages in accordance with the law. For related services on the platform, please refer to the following link:Criminal defense and criminal case filing、Personal injury and medical disputes、Creditor's rights and debts, and enforcement、Business and contract disputes in enterprisesAndSpecial servicesLegal basis: Articles 288, 289, and 290 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), and Article 232 of the Criminal Law of the People's Republic of China (amended on December 29, 2023). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, reconciliation does not mean exemption from liability. Whether to pursue legal action or not is decided by the judicial authorities according to law, and neither party has the right to "drop the case" on their own. Secondly, the letter of understanding is based on genuine compensation. If the other party fails to fulfill their obligations, the party concerned should promptly claim to revoke the agreement. Thirdly, it is advisable to pay the compensation through bank transfer and keep the receipts to avoid difficulties in providing evidence for cash payments. Fourthly, for cases involving serious injuries or deaths, compensation for material losses can be claimed according to law, but compensation for mental damages is generally not included in this scope. Fifthly, for both parties involved in the reconciliation, it is recommended to sign and implement the agreement under the guidance of professional lawyers to avoid leaving potential problems in the future.

VI. Frequently Asked Questions

Q1: Can we still pursue criminal charges against the other party after reaching a criminal settlement?

Whether to prosecute or not shall be decided by the judicial authorities in accordance with the law, and shall not be subject to the agreement of the parties. Reconciliation generally results in lenient treatment. For cases with minor circumstances that do not require sentencing, prosecution may be waived. However, for serious crimes or cases that do not fall within the scope of reconciliation, reconciliation does not affect the legal accountability. If the victim is dissatisfied with the handling decision, he/she may appeal in accordance with the law or claim civil compensation separately.

Q2: Can I change my mind after signing the settlement agreement?

Generally, one cannot revoke their consent at will. A letter of understanding is a voluntary disciplinary act. If the other party has already fulfilled their compensation obligation, a revocation of the agreement will usually not be supported. However, if there is fraud, coercion, or if the other party fails to fulfill their compensation obligation as agreed, one can claim to revoke the letter of understanding and restore their corresponding rights. Whether a revocation is possible depends on a comprehensive assessment of the signing process and the performance of the obligation.

Q3: If we reach a settlement but the other party refuses to compensate, what should we do?

The party concerned may claim performance according to the settlement agreement or request the court to order payment; if the criminal part has been leniently dealt with but the compensation has not been implemented, the party may demand compensation through civil litigation and apply for enforcement. If the party claims to revoke the lenient evaluation on the grounds of non-performance, the party shall promptly report to the case-handling organ and submit evidence, and the judicial organ shall review and handle it according to law.

Q4: Can all criminal cases be resolved through criminal mediation?

That's not the case. Reconciliation is mainly applicable to some cases caused by civil disputes, involving infringements of personal rights or property rights, and cases that may be sentenced to fixed-term imprisonment of not more than three years, as well as negligent crime cases (except for dereliction of duty, etc.). Serious crimes, cases involving organized crime and gang activities, and cases that seriously endanger public safety are usually not applicable. The specific cases shall be subject to the current effective laws, regulations, and judicial rulings.

Q5: Can I still file a civil lawsuit separately after reaching a criminal settlement?

Yes. Criminal reconciliation mainly deals with the issue of lenient criminal punishment. For the part not covered by civil compensation, the victim can file a civil lawsuit separately to claim compensation. For the part that has already received compensation in the reconciliation, it is generally not allowed to claim it again. To facilitate enforcement, it is recommended to specify the compensation items and amounts, and apply for compulsory enforcement in a timely manner if the other party fails to fulfill its obligations.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.