A Research On Conditional Non-Prosecution System

Conditional non-prosecution is also known as deferred prosecution ornon-prosecution temporarily which originated from Japan and Germany. Japan hadadopted the policy of not placing in file or just warning toward petty crimes in theeighteenth year of Meiji, and non-prosecution toward some minor offense was issuedin Meiji Dynasty. After WWII, the contradiction between new crimes, crime situationand insufficient justice has been serious in Germany. In order to reduce the pressure,from1960s the convenient principle of prosecution has been accepted gradually, andthe deferred prosecution was carried out according to specific cases. Our conditionalnon-prosecution is originated from reform practice of all local procuratorial organs.The first trail area is Changning District in Shanghai, and then spread to Beijing,Chongqing, Zhejiang, Guangzhou, Wuhan, and Jilin. Till now it has been performedfor20years, and great effect has been aroused in academy and practice. There areboth support and reject toward it. The fifth meeting of the11th National People’sCongress in march14th,2012passed the decision of revising the Criminal Law. Therevised terms made clear regulation on conditional non-prosecution, thus made itreliable in legislation.The conditional non-prosecution has enlarged the prosecutorial discretion ofprocuratorial organs in law, made better representation of protection to juvenile underthe policy of tempering justice with mercy, realized the effective usage anddisposition of justice resources as well as the decriminalization and non-punishmentof the committed crime, provided solid legislation foundation and law protection forjuvenile to return society so as well to the recovery of destroyed legal order and socialrelations. It attached great importance on public prosecution system perfecting, lawsuit efficiency improving, justice resources disposing and human rights protecting.But there are still some problems in operation. Through the operational condition andthe practical effect of procuratorial organs in operating, the analysis of conditionalnon-prosecution, and the comparison of deferred prosecution in foreign countries, weshould improve the standards of conditional non-prosecution in practice, such asapplicable body, applicable condition and attached condition, and settle the problemsin processing, like investigation and evaluation, and the inspection of relevantorganizations. Then to motivate all walks of the society including police, procuracy,court and justice, realize the system in daily life. This paper hopes to take advantageof the conditional non-prosecution system, and to provide a sound judicial and socialenvironment for juvenile to return the society.