A Brief Analysis of the Validity and Judgment of Criminal Understanding in Traffic Offense Crimes
DOI:
https://doi.org/10.70767/ijetr.v1i3.367Abstract
In judicial practice, the vast majority of courts link the victim’s forgiveness in traffic offense cases to whether the defendant fulfills their compensation obligations. In cases where the defendant actively fulfills their compensation obligations, most are likely to receive lenient judgments. However, these judicial documents do not explicitly state whether the criminal forgiveness expressed by the forgiving party is valid. The judgment of the validity of criminal forgiveness must be integrated into the entire criminal procedural process. This is not only because the victim is a party involved in the litigation but more because forgiveness itself is an inherent right based on emotion. The exercise of this right must meet the corresponding requirements to maximize the protection of the interests of the forgiving party. At the same time, it should also be subject to certain limitations to avoid the emergence of excessive demands or other moral and legal risks.
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