Empirical Study On The System Of Conditional Non-prosecution

The majority of existing research results is from a purely theoretical point of view, a fewis from an empirical perspective. In this paper, empirical study on ConditionalNon-prosecution of the People’s procurator ate of C city, by described its running status andactual Results, analyzed the problems and causes，and compared and learned from practicalexperience of other skeleton Procurator antes and extra-territorial system of legislation andpractice, then put forward the proposal to improve China’s system of non-prosecution ofadditional conditions.In addition to the introduction and conclusion, the body consists of four parts, about30,000words.The first part describes the structure of institutions of conditional non-prosecution in thePeople’s procurator ate of County.It includes scope of application, additional conditions,investigation mechanism,and procedure of application, the effect of conditionalnon-prosecution, interior supervision and restriction mechanism, and so on. Its applicablescope is that could be sentenced to blow three years imprisonment penalty. The attachedconditions include: The suspect compensate for loss to the victim; Abide by relative laws andregulations, Obey help and education of the unit and community; Report his/her state of mindaccording to inspecting organs; The legal guardian of a minor must report their child’s state ofmind for inspection authorities; To leave the living city and county or migration should bereported to the observing organ for approval; Completion of the tasks developed by theprocurator ate or participate in some social welfare activities. Procuratorial organ is theinspection subjects, and the inspection period is three months to one year. The applicationprocedure of the non-prosecution of additional conditions includes start-up procedures,hearing procedures, decision-making process, inspection assistance and education, the handlerof the decision, relief procedure. If the decision of Conditional Non-prosecution enters intoforce, the investigation activities and review of prosecutorial activities are finished, and thesuspects relieve compulsory measure, and the property should be immediately removed lienand refunded. In the People’s procurator ate of County, interior supervision and restrictionmechanism includes the development of internal working document and recording review ofthe procurator ate at higher levels. The second part discusses the operation conditions of conditional non-prosecution in thePeople’s procurator ate of County. From2007to2011, the quantities of case acceptance andthe total number of case people had a rising trend. In these cases, Minor Criminal Casesaccounts for about60%.But there exists the low rate of non-prosecution, which is between2%and3%every year. Probation sentence accounts for about20%after the prosecution. theproportion of Juvenile delinquency cases is higher, and "Robbery and Theft" cases Accountsfor the main. In early2010, J Procurator ate began to carry out the conditionalnon-prosecution. To September2011,it apply to15cases28people, including9pieces of18people has" investigation and make venial offense no prosecution, and the other5pieces of10people has made conditional non prosecution decision, which is now in the investigation stage.Conditional non-prosecution cases are mainly concentrated in the theft and willful injury case.It mainly applied to special groups such as minors and college students. In generally, theinspection period is generally six months, and the conditional non-prosecutions of crimesuspect take guaranteed pending trial. In these cases, the victim issued a written memorandumof understanding views; the suspect actively Compensates or remedies the victim’s loss. InPractice, J Procurator ate strictly control the scope of the applicable objects and the scope ofthe case; the inspection obligations vary according to the suspect’s criminal nature, identity,age, ability, etc; Highlight application transparent, standardized and transparent; strengthenthe internal supervisory mechanism. The conditional non-prosecution is conducive to thereturn to society of criminal suspects, saving judicial resources, protecting of the interests ofvictims, and to make up for China’s non-prosecution system.The third part analyzes the obstacles in conditional non-prosecution’s operation, which isaccording to its operation situation of the second part. The following obstacles: First, thesystem of conditional non-prosecution is lack of legal basis; Secondly, the applicationboundary is fuzzy between discretionary non-prosecution and conditional non-prosecution,and if is not defined, it is unfair to the suspect, and is easy to cause the abuse of publicprosecution. Third, the condition of conditional non-prosecution exist a certain degree ofarbitrariness, which need to further standardize. Fourth, there is a conflict between conditionalnon-prosecution and the evaluation mechanism. The prosecution rate is an important indicatorof the non-prosecution assessment, which limits the application of conditionalnon-prosecution. Fifth, it is lack of supporting measures, such as investigation mechanism, theevaluation mechanism and study assistance and education mechanism. The fourth part puts forward specific proposals to improve the system of conditionalnon-prosecution, which is according to the third part. First, the applicable object is minors,college students, the elderly, pregnant women, the disabled such as the deaf and blind, and itsapplicable conditions must be different with discretionary non-prosecution and prosecution.Secondly, it is reasonably set general and special obligations for the conditionalnon-prosecution, which it is according to the specific circumstances of the suspect andinvestigated effect. Fourth, set a reasonable inspection period, and inspection period isappropriately to set six months to two years. Fifth, must define the effectiveness ofconditional non-prosecution. The decision of conditional non-prosecution enters into force,which produce the following effects:(1)the examination and prosecution proceedings areterminated;(2) suspend the Limitation of Prosecution;(3) lift coercive measures, and releaseSuspected Criminal, and lift the seized property. After the expedition, if the procuratorialorgans make the decision of non-prosecution, which produce the same legal effect withdiscretionary non-prosecution. During the review period, if he/she implements the new crimes,or is found Lou zui, or seriously breach the provisions which should be complied with, thedecision of conditional non-prosecution will be revoked. Sixth, strengthen supervision of thesystem of conditional non-prosecution, including reconsideration and review rights of thepublic security organs, the victim’s right to appeal and quasi-right to sue, criminal suspectsright to appeal and the superior of the Procurator ate at Higher Levels. Seventh, establishSupporting measures to the conditional non-prosecution system, including criminalreconciliation mechanisms, the establishment survey, evaluation mechanism, the hearingsystem, perfect inspection admonishing mechanism and examination evaluation mechanismof non-prosecution.