Attach Conditions Of Not To Prosecute The Judicial Practice And Legislation

In recent years, a"deferred prosecution","deferred prosecution"or"conditional non prosecution system in our country"the procuratorial organ combination trial, but the system as a criminal justice policy innovation, the current of the system to explore the existence of many defects is perfected urgently. In August 24th this year, when brought to the eleven National People's Congress Standing Committee of the twenty-second session of the first consideration of the" criminal law amendment ( Draft)"( hereinafter referred to as the" amendment ( Draft)"), building a minor criminal procedure has become a" grand opera", and minor conditional non prosecution has also written for the first time, the become the focus of people's attention."Amendment ( Draft)"provides for the underage criminal non prosecution system, fully embodies the" children's rights to maximize" the principle of guaranteeing rights and criminal justice for minors non-penalty disposal principle is the core value, can be provided to the victim compensation and improve the juvenile suspects the treatment, so that no posted by criminals to turn over a new leaf, label, no crime. But from another point of view, the conditional non prosecution is only applicable to minors, but also in the alleged offense and penalty is limited to" suspected of criminal law the fourth chapter, fifth chapter, sixth chapter of provisions of the crime, may be sentenced to one year's imprisonment", this obviously and expectations have a certain gap. The results reflect the legislature to construct the conditional non-prosecution cautious attitude and legislation in various interest game.According to the judicial practice, the conditional non-prosecution of some basic problems are expounded, the conditional non-prosecution judicial practice conducts the investigation and Study on the legislation of the system of resources to carry out the legal principle and realistic analysis, and unifies our country national condition, in order to explore the system should not be limited in the minor crime in the field of criminal law, through modification of the machine, endow the prosecutor full discretion, expand the construction of conditional non prosecution system is consistent with the actual situation in our country, and put forward the system specific and perfect suggestions.