As far as criminal cases are concerned, after the investigation is completed by the public security organs and the people s procuratorate, they will be reported to the procuratorate for review to see if public prosecution is required. If it is decided not to prosecute, it is further divided into legal non-prosecution, discretionary non-prosecution, conditional non-prosecution, and so on. So do you know what are the legal non-prosecutions in China?
The statutory non-prosecution refers to the case where the people s procuratorate has reviewed the cases where the public security organs completed the investigation and transferred the case or concluded their own investigations, and determined that the actions of the criminal suspect did not constitute a crime or should not held criminally responsible in accordance with the law. A decision to deal with people s court trials is one of the three cases of non-prosecution provided for in the Criminal Procedure Law of the People s Republic of China.
The law not only protects the legal rights and litigation rights of victims, but also protects the legal rights and litigation rights of criminal suspects. The law stipulates that if the victim is not satisfied with the people s procuratorate s decision not to prosecute the criminal suspect, he can appeal or directly sue to the people s court. It also stipulates that a criminal suspect who refuses to accept the People s Procuratorate s decision not to prosecute against him according to law can also lodge an appeal to the People s Procuratorate.
Generally speaking, the decision not to prosecute the criminal suspect is not prosecuted, and the person who is not prosecuted will not prosecute the decision not to prosecute. However, in the decision not to prosecute, there is a case where the criminal suspect has committed a criminal act, but In terms of nature, circumstances and harmful consequences, that is, the circumstances of the crime are slight. If the criminal suspect is not required to be sentenced or exempted from punishment in accordance with China s criminal law, the People s Procuratorate may make a decision not to prosecute the criminal suspect. Despite the People s Procuratorate s decision not to prosecute, the non-prosecuted person believed that I did not commit a crime at all, and there were no minor problems in the circumstances of the crime. The non-prosecuted person could lodge a complaint with the People s Procuratorate.
This complaint material must be handed over to the People s Procuratorate that made the non-prosecution decision within 7 days from the date of receipt of the non-prosecution decision. In order to better protect the legitimate rights and interests of the non-prosecuted person, if the non-prosecuted person is detained, his rights and interests are infringed, and if it is indeed confirmed that he did not commit a crime, the non-prosecuted person can also file a claim with the People s Procuratorate The issue of compensation was raised at the same time as the appeal.
If the person who is not prosecuted lodges a complaint with the People s Procuratorate, the People s Procuratorate must seriously review and make a review decision after receiving the complaint. In the case of self-investigation by the People s Procuratorate, the People s Procuratorate shall notify the non-prosecutor of the review decision. If it is a case transferred by a public security organ, the people s procuratorate shall, at the same time as notifying the non-prosecuted person, copy the review decision to the prosecution public security organ.