On The Theory And Practice Of Conditional Non-prosecution In Criminal Law

With the deepening of juvenile procuratorial work in China,the system of conditional non-prosecution has been further developed,and the application rate of the system has been significantly improved compared with the initial period.However,the system also exposed some problems in the process of development,such as the procuratorial organs in some areas in violation of the legislative provisions to expand the scope of application of the system,as well as the system of supporting inspection and education mechanism development is not sufficient,the establishment of supervision mechanism is not reasonable.At present,in the context of the admission of plea for leniency system into the law,the scope of the application of the conditional non-prosecution system can be reasonably expanded to the adult subjects by setting different applicable conditions,and the procuratorial organs decide not to prosecute the criminal suspects after fulfilling the conditions during the investigation period,which is conducive to the non-prosecution system to give full play to the role of pre-trial diversion,criminal suspects perform additional conditions,and the procuratorate decides not to prosecute,which is beneficial to the realization of multiple functions such as punishment and crime prevention.In addition,in order to improve the effect of assistance and education in the conditional investigation period,it is necessary to vigorously promote the inspection and education system led by procuratorial organs and linked by multiple subjects,and strengthen the principal position of other social organizations except procuratorial organs.At the same time,it is necessary to clarify the role of conditional conditions in the system of conditional non-prosecution of criminal cases.Subjects of all parties should cooperate with procuratorial organs to set specific conditions and operational disciplinary measures for different criminal suspects according to their specific conditions,so as to implement the implementation of conditional conditions.Finally,in order to ensure both justice and efficiency in the application of the system,the supervision mechanism in the application of the system should be improved,including the introduction of the hearing procedure before the application of the system,the implementation of the procedure of record return visit after the application of the system,and the introduction of people's supervisors in the whole process of the application of the system.