Non-prosecution System Research

According to the2012revised "the people’s Republic of China Criminal Litigation Law"171st paragraph fourth:"two times for supplementary investigation cases. the people’sProcuratorate still believes that the evidence is insufficient. That does not meet the conditions of prosecution, shall make a decision not to initiate a prosecution.""Criminal Procedure Law" stipulates that the172nd "suspect criminal facts have been confirmed, there is ample evidence, criminal responsibility shall be investigated according to law, shall make a decision to prosecute, in accordance with the provisions, to the people’s courtproceeding and the volume of materials." So for twice after the supplementary investigation is still considered insufficient evidence case, only in accordance with the "CriminalProcedure Law" article Twelfth "without the approval of the people’s court in accordance with the decision. The provisions of any person shall be found guilty of a criminal suspect.According to the2012revised "the people’s Republic of China Criminal Litigation Law"171st paragraph fourth, make up the fourth section of the1996"Criminal ProcedureLaw"140th "can be" was easy to mistakenly believe that the non prosecution discretion is the defect of organs. According to the "criminal law" the171st paragraph third:" the need for supplementary investigation, the public security organ may be returned for supplementary investigation, or conduct the investigation itself." Non-prosecution substantive applicable: lack of evidence. The rules of criminal procedure in China "(for Trial Implementation)" the286th stipulation: has any of the following circumstances, determine the suspect’s crime and criminal responsibility of the not, belongs to the lack of evidence, the statement does not meet the conditions:(1) according to the conviction of the evidence is in doubt, cannot be verified;(2) the crime the essential fact is the lack of the necessary evidence to prove;(3) according to the contradiction between the evidence not to be reasonably excluded;(4) according to the evidence of the conclusion has other possibilities."Criminal Procedure Law"144th stipulation: for the public security organs for prosecution d on’t need to initiate prosecution, shall make the decision not to prosecute to the publicsecurity organ. Therefore, a organ has the right to lower non-prosecution decision of supervision, which is conducive to urge the lower right."Criminal Procedure Law"144th stipulates:"for the public security organs for prosecution, the people’s non-prosecution decisionnot to initiate a prosecution, shall be sent to the public security organ.Further several tentative plans to perfect our system of non prosecution for doubt: one is to establish the hearing procedures for the use of non prosecution, Two is the operation of formulate complete, evidence for the role of strong rules. The third is further improvement the restriction mechanism of non-prosecution decision, The fourth one is to gradually improve the evaluation mechanism of the procuratorates.