If you pay two thousand to settle, will you not be sued if you settle? Lawyer: You can still sue for the crime of "not telling but discussing" even if you settle the matter!

Pay two thousand to settle the lawyer: You can still sue for the crime of "not to tell but to judge" after settlement

News link: https://youtu.be/_oDtgSoPK70

A delivery boy in New Taipei City had a driving dispute with an old man on a bicycle. He lost control of the car and hit the old man four times, injuring him with his foot. He finally settled for NT$2,000. In response, a lawyer said that the delivery man was involved in injuries, For crimes such as damage, coercion, and public insult, even if the person is reconciled, he or she can still be sued for the crime of "not telling but discussing" afterwards. The food delivery platform stated that the identity of the delivery driver cannot be found through the license plate. He may be using his account or riding someone else's car, and will need to continue to investigate, and the most severe punishment will be suspension.

Lawyer Li Yusheng said: "Whether the money was collected on the spot means that the two parties have indeed reconciled has yet to be confirmed. Even if both parties intend to reconcile, some crimes, if they are non-complaint crimes, may still be brought up by the victim later. If both parties really want to reconcile, it is still recommended to sign a settlement contract in a more formal way to avoid future disputes."

The difference between the legal basis for a complaint and the legal basis for a non-complaint in criminal law

The so-called "prosecution" refers to crimes that must be filed by the victim and the prosecutor starts an investigation before the court can proceed with the trial.
For example, Article 287[4] of the Criminal Law stipulates that the crime of ordinary assault under Article 277 of the Criminal Law requires a complaint. Therefore, if the person who was hit and injured does not file a complaint, the prosecutor will not be able to prosecute the person who hit the person even if he knows about it. Since there is a lack of prosecutors to prosecute, the court will naturally be unable to try the case.
On the other hand, if the case is "not to complain but to argue", even if the victim does not want to pursue the case, the prosecutor can still prosecute and the court will try the case.
For example, we often hear in the news that people steal things from stores, but the store forgives them in the end, but the police still have to take action according to law. This is because the crime of theft is subject to prosecution. Since the prosecutor knows the facts of theft, he must deal with it in accordance with the law.

Is there a time limit for not telling but discussing?

In addition to the issue of prosecution period, crimes can be further divided into "crimes subject to prosecution" and "crimes subject to prosecution without prosecution." For crimes subject to prosecution, prosecution shall begin when the person with the right to complain becomes aware of the offender. , within 6 months. As for crimes other than prosecution, there is no 6-month period limit. However, if the time is too long, there will still be a problem of exceeding the prosecution period.

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