Procedural Diversion Of Public Prosecution Stage Of The Amended Criminal Procedure Law

The public prosecution stage procedural diversion means prosecutors use alternative ways to deal with cases which could be not to deal with crime, or use the simple procedure or common procedure to prosecute cases. The public prosecution stage procedural diversion is inevitable outcome of the development of the judicial practice, and is the need to fully respect and safeguard human rights, is also the effective way to improve the efficiency of lawsuit.In this article, firstly we illustrate the basic concepts of the public prosecution stage procedural diversion. Then we explain the establishment and development of procedural diversion in our country. In the Criminal Procedure Law,1979, the public prosecution stage procedural diversion is build up with statutory not to prosecute, discretion not to prosecute, deferred Prosecution.In1996, the Criminal Procedure Law were amended, the public prosecution stage procedural diversion is build up with statutory not to prosecute, discretion not to prosecute, insufficient evidence not to prosecute, summary procedure with the ordinary procedure classification of public prosecution. At the same time, deferred prosecution, criminal reconciliation generally exist in the judicial practice.In2012, Criminal Procedure Law revised again, the public prosecution stage procedural diversion increased conditional non-prosecution, stablish the deferred prosecution, criminal reconciliation in the form of law.The public prosecution stage procedural diversion is showed a trend of diversified development, the discretion of the prosecutor also expanded. But,there are still some problems, prosecutors discretion is still limited, and the applicable scope of criminal reconciliation and conditional non-prosecution is too narrow. In order to implement the criminal policy of tempering justice with mercy, we need to gradually improve the the public prosecution stage procedural diversion system:Firstly,expand the discretion of prosecutors,strengthen the supervision. Secondly, expand the range of conditional non-prosecution. Thirdly, expand the range of discretion not to prosecute; Fourthly, uniform the standards of criminal reconciliation.