[According to the advice] 49. How to write "Criminal Agreement" wisely

*This content was translated by AI.

"Agreement with victims" is one of the most powerful variables that determine the success or failure of a case. In particular, one of the documents most frequently encountered by lawyers in the field of practice is the "Criminal Penalty Complaint Agreement." However, not all problems are solved simply by exchanging money. The legal fate of the perpetrator is clearly divided depending on which crime, when, and what content the agreement is submitted.

The 'Magic Key' to Closing the Case, Anti-Doctoral Penalty

In every crime, an agreement does not close the case. If the agreement exerts "absolute power," the charges under investigation are the 罰罪 of anti-intentional impunity (親告罪) and pro-conflict (意思).

Anti-will penalties such as assault, intimidation, and defamation can no longer be punished by the state if the victim clearly expresses his or her intention that he or she does not want punishment. If an agreement is submitted during the investigation phase, the prosecutor will close the case with "no right to prosecute," and at the trial stage, the court must make a "dismissal of prosecution" ruling. Pro-conflict crimes, such as insults, also get the same result when an agreement with the effect of revoking the complaint is submitted.

On the other hand, in crimes such as sex crimes, injuries, fraud, and theft, even if an agreement is submitted, punishment itself is not exempted. However, efforts to recover damage are recognized and can be used as decisive "sentence data" that significantly reduces the sentence or draws probation.

A missed agreement is half a success

There is a strict 'golden time' in the submission of the agreement. Legally, the expression of intention not to punish must be made before the judgment of the first trial. If the agreement is submitted at the appeal trial (second trial) immediately after being sentenced to prison in the first trial, this may be considered in the sentencing, but does not produce the effect of 'dismissal of prosecution' of the crime of anti-intentional punishment. In other words, in order to prevent the criminal record from remaining, the game must be seen before the first trial.

The 'key content' that must be included in the agreement

Ambiguous phrases such as simply 'we have reconciled with each other' are dangerous. In order to draw up a legally effective agreement, the following provisions must be elaborately included.

①Specific specifications of events: clearly stating when and where an agreement has occurred on any event.

②Explicit expression of non-punishment: the phrase 'I do not want punishment from the perpetrator' must be included. According to the Supreme Court precedent, it may not be enough to express "agreed smoothly" or "wish for leniency."

③Sub-complaint agreement (abandonment of civil and criminal objections): Complete removal of the seeds of dispute by adding a clause that will not claim or file further damages in the future.

④Securing personal information and proof: A copy of the party's identification card or a certificate of seal must be attached to prove the authenticity of the agreement. In particular, it should be noted that in principle, the agreement made by the family on behalf of the victim is not effective if the victim is unable to speak (such as unconsciousness).

Once submitted, there is no turning back

One of the facts that many victims overlook is the 'irreversibility of expressing the intention to refuse punishment'. Once an agreement has been submitted to an investigative agency or court, it cannot be withdrawn on the grounds that the settlement has not been paid or has changed its mind. Therefore, it is important for the perpetrator to receive the agreement at the same time as the settlement is paid, and for the victim, it is necessary to be cautious in handing over the agreement after confirming the deposit of the settlement.

Agreement is a highly strategic act that goes beyond just monetary compensation and ends complex criminal proceedings early. Considering the risk of a conditional agreement, the eligibility of the subject of the agreement, and the legal weight of a single phrase, a detailed review by an attorney is essential.

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*This content was translated by AI.