1. If there is no criminal fact or the act does not constitute a crime or criminal responsibility should not be investigated, no arrest shall be made, including losses caused by force majeure.
2. If there is no evidence to prove that there is a criminal fact, no arrest will be made, including if the evidence proves that it does not constitute a crime.
3. Although there are crimes, it is not necessary to arrest them, including preparatory crimes and discontinued crimes.
Article 92 of the Criminal Procedure Law, objection of not approving arrest,
When the public security organ thinks that the people's procuratorate's decision not to approve the arrest is wrong, it may request reconsideration, but the detained person must be released immediately. If the opinion is not accepted, it may be submitted to the people's procuratorate at the next higher level for review. The people's procuratorate at a higher level shall immediately review and make a decision on whether to change it, and notify the people's procuratorate at a lower level and the public security organ to implement it.
Lawyer Zhu Zhijun of Hubei Qi 'an Law Firm;
Evidence is the cornerstone of handling criminal cases. If the case lacks the key evidence of conviction, or the evidence is single and there is obvious contradiction with the main evidence, such as the lack of drug identification conclusion in the case of illegal possession of drugs; For example, there are many contradictions between the confession of the suspect, the statement of the victim and the testimony of the main witness when the oral evidence is the main basis for deciding the case. Because the evidence cannot form a complete chain of evidence, it is natural that the decision to arrest cannot be made.
In the process of handling a case, the procuratorial organ will assess the risk of the case at any time and prepare the corresponding plan. If there is a greater risk of not arresting, the decision to approve the arrest will be given priority. For example, in personal injury cases caused by social contradictions, the general consideration is whether the arrest may cause dissatisfaction among the victims and their families, and whether the opinions of the people at the scene of the case affect the credibility of law enforcement agencies. For example, in cases where news and public opinion have great influence, we will consider whether to arrest the public opinion and influence that may be caused separately.