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.
The six situations stipulated in the Criminal Procedure Law are:
If the circumstances are obviously minor and harmless, it is not considered a crime; The crime has passed the limitation period for prosecution; Exempt from punishment through Amnesty; Failing to tell or withdraw a crime that should be dealt with according to the criminal law; The criminal suspect or defendant dies; Other laws provide for exemption from criminal responsibility.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 75 of the Criminal Procedure Law of People's Republic of China (PRC).
Residential surveillance shall be carried out at the residence of the criminal suspect or defendant;
If there is no fixed residence, it can be executed at the designated residence. If the execution of a crime suspected of endangering national security or terrorist activities may hinder the investigation, it may also be executed at a designated residence with the approval of the public security organ at the next higher level. However, it shall not be carried out in detention places or special places for handling cases. If the designated residence is under residential surveillance, the family members under residential surveillance shall be notified within 24 hours after the implementation of residential surveillance, unless it is impossible to notify them. The provisions of Article 34 of this Law shall apply to criminal suspects and defendants under residential surveillance who entrust defenders. The people's procuratorate shall supervise the legality of the decision and implementation of residential surveillance in designated residences.