After making a decision not to prosecute, the public security criminal compulsory measures shall be lifted. Non-prosecution can be divided into absolute non-prosecution, relative non-prosecution and insufficient evidence. If it is relatively non-prosecution, it may face administrative punishment. The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than 12 months, and the longest period of residential surveillance shall not exceed 6 months.
First, the object of investigation is under any of the following circumstances, and shall not be determined as the candidate to be hired:
(1) divulging state secrets or work secrets, or committing acts that endanger national security, honor and interests;
(2) Organizing, participating in or supporting illegal organizations such as violent terror, ethnic division, religious extremism, cults and underworld, or participating in related activities;
(three) to organize and participate in online forums, groups, live broadcasts and other activities against the theory, line, principles and policies of the China Communist Party;
(4) Fabricating, producing, publishing, publishing or disseminating harmful information against China's * * * production party and Socialism with Chinese characteristics system or violating national laws and regulations, or joining a political organization prohibited by the state;
(five) the formation of a party group through the Internet, to participate in or mobilize the series, joint, assembly and other illegal network activities;
(6) Having received criminal punishment or being exempted from criminal punishment according to the criminal law, or having been reeducated through labor, received education or being educated;
(7) Having been punished by administrative detention for gang fighting, theft, fraud, robbery, robbery and extortion;
(eight) by the party's demerits or dismissal; Cancellation of employment by the authorities according to regulations; Being dismissed by an organ or a state-owned enterprise; The staff of a public institution is demoted or dismissed; Civil servants in leading positions have resigned or been ordered to resign for less than three years;
(9) The practicing certificates of lawyers and notaries have been revoked;
(10) Being expelled from the League or expelled from the school during the period of receiving higher education;
(eleven) organizing, participating in and supporting illegal assembly, procession, demonstration and other activities;
(12) Suppressing criticism, taking revenge or practicing fraud, misleading or deceiving leaders or the public;
(thirteen) dereliction of duty, delaying work or abuse of power, infringing upon the legitimate rights and interests of citizens, legal persons and other organizations;
(fourteen) corruption, taking advantage of his position to seek personal gain for himself or others or violating financial discipline, wasting state or collective assets;
(fifteen) organizing, participating in and supporting pornography, drug abuse, gambling, superstition and other activities;
(16) Having been found to have committed serious violations of discipline and discipline such as fraud in the national statutory examination, or having been found to have organized cheating in other examinations other than the national examination prescribed by law;
(seventeen) has obtained or is applying for permanent residency or long-term residence permit outside the country (territory); The spouse has obtained or is applying for foreign nationality or permanent residence or long-term residence permit outside the country (territory); No spouse, children have obtained or are applying for foreign nationality or permanent residence or long-term residence permit outside the country (territory); The above-mentioned personnel are all residents of Hong Kong and Macao except those who have obtained the identity cards of the People's Republic of China;
(18) Important materials recording information such as date of birth, working hours, time of joining the Party (League), education, experience and identity. The personal file is missing and seriously inaccurate, and the object of investigation cannot be filled in within the specified inspection period, or it is suspected of fraud and cannot be effectively identified;
(nineteen) serious violation of professional ethics, social morality and family virtues; Bad moral character, poor sense of social responsibility and service for the people;
(twenty) as a joint disciplinary object of dishonesty according to law;
(twenty-one) other conditions that do not meet the political quality and moral quality of the people's police of public security organs.
Two, the family members of the object of investigation in any of the following circumstances, shall not be determined as candidates:
(a) intentional homicide, intentional injury or death, rape, robbery, drug trafficking, arson, explosion, throwing dangerous substances and other serious crimes with bad social impact, or the amount of corruption and bribery is huge and the circumstances are serious, and criminal punishment is imposed;
(two) there are acts that endanger national security, honor and interests;
(3) Organizing, participating in or supporting violent terror, ethnic division, religious extremism, cults, underworld organizations or participating in related activities;
(four) other circumstances that may affect the fair performance of duties according to law after the object of investigation is employed.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 16 In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.
Article 178 The decision not to prosecute shall be publicly announced, and the decision not to prosecute shall be served on the person who is not prosecuted and the unit to which he belongs. If the accused is in custody, he shall be released immediately.