| With the development of judicial practice, the current international judicialsituationbecome more and more complex, in order to cope with this situation in variouscountries and regions have the conditional non-prosecution system into thecriminal justice system. Conditional non-prosecution system is a manifestation of moderncivilization penalties，and be needed to implement the criminal policy of combiningpunishment with leniency,in recent years,procuratorial organs around our country alsocarried on the beneficial exploration on the system.The introduction of the system not onlyto improve the country’s prosecution system, between the prosecution and non-prosecutionachieved its transition and buffering, and its diversion program played a more importantrole, but also meet the conditions of the suspects are educated and return to society, andrealize the value of the special prevention.By the prevailing no express provision of law,the practice in the implementation process were different, and sectors of the community inthis system were also controversial.Some scholars believed that conditionalnon-prosecution applied to the following may be sentenced to three years in prison forcriminal suspects, and some that intended for minors, the elderly, Oufan, while othersthought that only applies to juvenile suspects.The Criminal Procedure Law was revised in2012,it established a comprehensive system of conditional non-prosecution, which wouldapply to an object identified as possible sentenced to one year in prison following juvenilesuspects, adopted the third view above.Founded at the beginning of the system, relativelyconservative in terms of the provisions of the applicable conditions, of the applicableprocedures and the corresponding constraint mechanism, supervision and inspectionsystem and other relevant aspects of requirements are not very detailed, and with thedevelopment of time and endless test of practice that the system can effectively getimplementation yet refined and improved. |
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