The Operation And Improvement Of Applied Code Of Conditional Non-Prosecution

Conditional non-prosecution system will be revised in new criminal procedure law in 2012,which came from many years of practice and exploration.Up to present by far,the system has been implemented for four years.Through the empirical research in A city H District People's Procuratorate,the article want to understand the situation of the operation of the system in the judicial practice,and the existing problems,aiming at putting forward to some improvement suggestions.This paper adopts empirical research method,and through reading files,talking with the investigators learned that On the basis of the criminal procedure law,the people's Procuratorate of A municipality has promulgated the applicable standards for the non-prosecution and the conditions for non-prosecution of minors involved in criminal cases,guiding for the people's procuratorates of A municipality to handle the cases of conditional non-prosecution.This applies to the case of the application of the conditions of nonprosecution and not applicable to the conditions of non-prosecution cases made more detailed provisions.From January 2013 to December 2016,H District People's Procuratorate for minors involved in a total of 591 cases of criminal cases,of which there are no conditions for the prosecution of a total of 24 cases.From the time point of view,2 in 2013,8 in 2014,9 in 2015,7 in 2016.The research found that the type of crime,household registration,criminal record and repentance are these four factors that may affect the conditional not to prosecute.The author will analyze the statistical situation of these four factors,through the case study of these four factors on the conditions of the application of non-prosecution restrictions and conflicts,and to explore the problems discussed and put forward suggestions for improvement.