The out-of-court settlement means resolving a dispute through dialog between the parties. A general mean of settlement is to resolve a dispute through pay of money. Not only that, it is possible to include various conditions so that one is able to provide for more flexible settlement than judicial process. While to provide for resolution of a case through the out-of-court settlement indicates only a resolution of a dispute between the parties, to settle a case out of court does not mean to be immune from one’s criminal responsibility.
The reason why the out-of-court settlement is important in criminal cases is to have a great influence on a result of a disposition. When a public prosecutor or judge decides a disposition, they value the circumstance that the parties have reached a settlement to a large degree. As the purpose to impose criminal liability has a dimension that instead of the victim, a state assign responsibility to the perpetrator coercively, where the victim forgives the perpetrator it is considered fine not to punish him/her heavily.
~Means of the Out-Of-Court Settlement~
The term ‘the out-of-court settlement’ is not legal term but used as daily term, so legal binding force of a settlement may not be permitted depending on the context of the out-of-court settlement. It is necessary to make a written agreement which has a certain form and content in order for a settlement to be legally binding. The out-of-court settlement takes a form of a contract of agreement from the standpoint of the law, however; a dispute may be brought up later even if the out-of-court settlement was reached, where the settlement does not take a form and context enough to be an agreement. Not to leave such a dispute behind it is secure and safe to entrust the out-of-court settlement to a lawyer who is a legal specialist.
Also, the victim and the perpetrator can talk together as the out-of-court settlement is one that reaches a solution between the parties, however; it is not recommended. The out-of-court settlement negotiation requires delicate attention. If you suffer damage or your child stumbled into a crime, how do you feel when the perpetrator suddenly said to you that he/she wants to solve with the problem with money? Where the parties directly face off against each other, the victim may get emotional so that the negotiation would run into rough water, and rather than the victim’s emotional request for a harsh penalty would run high. To prevent from such situation, it is desirable to entrust to a lawyer having rich experience in the out-of-court settlement negotiation. While it costs to get a lawyer, it is possible to settle a case out of court securely on the basis of experience and legal knowledge of the lawyer.
Criminal lawyers at AICHI Criminal Cases Law Firm, based on rich experience in the out-of-court settlement negotiation, work for the settlement convincing between the parties.
~Merits of the Out-Of-Court Settlement~
As one can show that a solution was reached with the victim once settled, it is considered as a favorable circumstance for the suspect/accused in the criminal proceedings.
If the out-of-court settlement comes into effect before the victim files a claim, it is possible to prevent from the initiation of a legal criminal action by the investigation authority. Moreover, before prosecution the out-of-court settlement may increase a possibility to lead to no bill, and after prosecution, it may be the circumstance to mitigate the sentencing such as suspended sentence. Thus, it can be said that the prompt settlement is effective to solve a case immediately.
Also, through the out-of-court settlement, the victim will be released from damage suit and reach a more flexible solution than a trial. For example, it is possible to make the perpetrator to vow to keep away from the victim within some kilometer radius, in addition to monetary compensation.
~Price of Compensation~
Although the price of compensation depends on a case, there is a certain price according to types of cases.
For example, from 100,000 to 300,000 yen in a physical assault case, from 100,000 to 1,000,000 yen in an injury case. In a sex offence case, violation of the code such as a sexual molester and camera voyeurism from 100,000 to 50,000 yen, indecent assault from 500,000 to 1,000,000 yen. In a forcible rape case from 1,000,000 to 3,000,000 yen.
Also, where the sentence to pay a fine is expected, the price that is calculated as a fine may be some standard.
However, it is not necessarily appropriate to suggest that because the out-of-court settlement requires an opposing party. According to a particular case and specific circumstances, the price would be over 1,000,000 yen even in a simple sexual molester case, and over 5,000,000 yen in a forcible rape case.
The price of compensation depends on the degree of injury or damage, the victim’s emotional request for a harsh penalty, the perpetrator’s means, and a prospect of sentence. Specifically, in cases where success or failure of the out-of-court settlement decides the outcome of sentence: sentence without stay of execution or with stay of execution, the suspect/accused may have to accept high payment on demand of a lot of compensation from the victim.
AICHI Criminal Case Law Firm works on a lot of out-of-court settlement negotiations and is able to provide for detail information about the price of compensation case-by-case. Those who wants to know about the price of compensation, please come to consult with us.