Are there any precautions when drafting an assault settlement agreement?

An assault settlement agreement is not just a simple document but serves as key evidence for investigative agencies or courts to judge the fact of settlement.

If improperly drafted, the validity of the settlement may be denied, or disputes may even expand, so accurate content composition and form are important.

The following content must be included in an assault settlement agreement.

1. Personal information of the perpetrator and victim (name, date of birth, address)

2. Settlement amount and payment date

3. Brief background of the assault incident

4. Victim's expression of intent that they 'do not wish for punishment'

5. Handwritten signatures or seals from both parties, with seal certificate attached

What is particularly important is clearly stating the 'intent not to wish for punishment.'

This is because, in the case of simple assault, it becomes a reason for 'no right to prosecute' that can avoid criminal punishment itself.

Another point to note is to clearly stipulate the timing and method of settlement payment. It is good to indicate 'full settlement amount paid on the date of the agreement' or 'to be paid by 00 day.'

Assault settlement agreements are sometimes drafted only between the parties, but if drafted through a criminal specialist attorney or notarized, it helps prevent future legal disputes.

Even just drafting an assault settlement agreement well can change the level of punishment, and even in cases of special assault or joint assault, the possibility of non-prosecution or leniency may increase.

We recommend consulting with a criminal specialist attorney as soon as possible.