Deferred Prosecution System And Established In China

The legal basis for the deferred prosecution is that the program reflects the prosecutionof the doctrine of the entity reflects the penalty of economic thought. Germany, Japan andother countries have strict and comprehensive rules on the suspension of the prosecutionsystem, Germany is called "prosecution retained"(or "conditional non-prosecution"),commonly known as Japanese Prosecution of hesitation, refers to the procuratorial organshave the conditions for prosecution the suspect is temporarily not to prosecute, but within theprescribed period, depending on the actual performance of the suspect’s decision whether toindict the system. Within the prescribed period, if the suspect performance is better, theprocuratorial organs will no longer prosecute them, and the proceedings terminated; thecontrary, if the suspect performed poorly, the procuratorial organs should be prosecution. askthe court to be held criminally responsible. Suspend the prosecution system in our country asone of the public prosecution system in China reform measures in the protection of minors,crime control and alleviate the pressure of scarce judicial resources with unique advantages.Deferred prosecution system not only in line criminal justice philosophy of a harmoniousenvironment, but also to carry out the criminal policy of combining punishment with leniencyis necessary to choose. Although for some deferred prosecution in a trial, commentatorsquestioned. But China’s current system of prosecution and judicial resources point of view,the crime of minors apply to suspend the prosecution of the necessity and feasibility.