This mainly depends on two aspects: one is the amount of the other party's loss, and the other is how much you can afford to lose.
If you have a sufficient financial foundation, then you can ignore any other circumstances and just spend money to ask for a lenient sentence.
But if you have an average economic level, it is recommended to take a minute to take a good look at this article, and I believe you will understand what to do after reading it.
In cases where a criminal offense is suspected, if there is a victim, if the victim's losses are compensated and the victim's forgiveness is obtained, then it is of great benefit to one's own conviction and sentencing.
Article 290 of the Criminal Procedure Law clearly stipulates that in cases where a settlement agreement has been reached, the public security organ may submit a recommendation to the people's procuratorate for leniency. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute. The people's court may give a lenient punishment to the defendant in accordance with law.
According to the provisions of the Supreme People's Court and the Supreme People's Court's "Sentencing Guiding Opinions on Common Crimes (Trial)", the sentence may be reduced by up to 40% for those who compensate for losses and obtain the victim's forgiveness, and up to 60% if there are also circumstances for admitting guilt and accepting punishment.
Therefore, if a settlement can be reached, try to do so, because it is better to obtain the consequences of non-prosecution, in which case a certificate of no criminal record can be issued.
Under normal circumstances, as long as the sentence can be less than three years, there should be no major problem in declaring a suspended sentence. However, if it is a recidivist or there are serious circumstances, it is not exempt.
If the victim suffers losses as a result of the crime, the court will make a judgment even if there is no compensation or reconciliation.
If there is no compensation, for the victim, part of the court can directly order restitution, and the other part can be filed with a civil lawsuit attached to the criminal case.
If the amount of loss is relatively clear, the court will directly order restitution.
For personal injuries and the like, they can be resolved through attached civil litigation.
Article 192 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China clearly stipulates that when making a judgment in an attached civil lawsuit, the amount of compensation to be paid by the defendant shall be determined on the basis of the material losses caused by the criminal act and in light of the specific circumstances of the case.
This amount includes: reasonable expenses paid for ** and **, such as medical expenses, nursing expenses, transportation expenses, etc., as well as loss of income due to lost work.
However, disability compensation and death compensation are not supported in criminal cases, except in traffic accident cases.
Of course, if the two parties reach a settlement, they are not subject to the above restrictions, and they can be as much as they want.
Therefore, if the actual material loss of the victim reaches 60,000 or 70,000 yuan, or even ** million yuan, it is better to compensate as much as possible, even if it is to borrow money.
Otherwise, on the one hand, they will need to be detained in detention centers or prisons for a period of time, and they will completely lose their personal freedom. On the other hand, the court will also order compensation.
In this case, the cost performance of compensation is still very high.
However, if the actual loss of the victim is only a few thousand yuan, and he does not earn much money every year, then he needs to think carefully.