Circumstances where the parties can settle in foreign-related public prosecution criminal cases

According to Criminal Procedure Law, except for the categories of public prosecution cases specified in laws, public prosecution criminal cases cannot be settled. Criminal Procedure Law clearly stated the following provisions:

In the following public prosecution cases, if the criminal suspect or defendant has showed genuine repentance and obtained forgiveness from the victim by making compensation or an apology to the victim, and the victim voluntarily agrees to settle, both parties may reach a settlement: (1) cases regarding a crime arising from civil disputes as stipulated in Chapter IV or Chapter V of the Specific Provisions of the Criminal Law and are punishable by fixed-term imprisonment of three years or a lighter penalty; or (2) cases regarding negligent crimes, other than a crime of malfeasance, which are punishable by fixed-term imprisonment of seven years or a lighter penalty. If the criminal suspect or defendant has committed any intentional crime in the past five years, the procedures of settlement shall not apply. The Article 323 of the Regulation on Procedures of Criminal Cases Dealt with by Public Security Organs has restrictions on civil disputes, and any of the following circumstances does not belong to the crime arising from civil disputes: (1) hire thugs to injure others; (2) relating to crimes committed by underworld nature organizations; (3) involve creating social disturbances; (4) be involved in affrays; (5) repeatedly and intentionally cause personal injury to others; (6) other situations where settlement is not favorable.

Where both parties have reached a settlement, the public security organ, the people’s procuratorate, or the people’s court shall hear the opinions from the parties and other relevant persons, examine whether the settlement is reached voluntarily and legally, and preside at the preparation of a settlement agreement. For a case where a settlement agreement is reached, the public security organ may submit a leniency suggestion to the people’s procuratorate. A people’s procuratorate may submit a leniency suggestion to the people’s court; and, if the circumstances of a crime are relatively light and criminal punishment is not necessary, a people’s procuratorate may make a decision not to initiate a public prosecution. A people’s court may render a lenient sentence to the defendant in accordance with law.