Legal basis:
Article 171 of the Criminal Procedure Law: If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution, it shall make a decision not to prosecute.
Article 173 If a criminal suspect has no criminal facts or is under any of the circumstances specified in Article 15 of this Law, the people's procuratorate shall make a decision not to prosecute.
Extended data:
Non-prosecution decision that does not constitute a crime
Article 140 of the Criminal Procedure Law stipulates that if the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution, it may make a decision not to prosecute. This is a non-prosecution decision that does not constitute a crime.
The the Supreme People's Court Compensation Committee gave a reply to the decision not to prosecute which did not constitute a crime, and found that the decision not to prosecute was considered innocent. If detained, it constitutes state compensation.
Official Reply of the Supreme People's Procuratorate on the State Compensation Liability of the Procuratorial Organ's Decision on Non-prosecution (1999) No.31:In the course of criminal proceedings, the decision of non-prosecution made by the people's procuratorate according to Article 140, paragraph 4, of the Criminal Procedure Law is regarded as a decision of innocence.
Even if the procuratorial organ has some evidence that can prove guilt when approving the arrest, if it decides not to prosecute the suspect based on the evidence that cannot prove guilt at the time of prosecution, it cannot be legally found guilty and should be regarded as innocent.
In accordance with the provisions of Article 15 of the State Compensation Law, we agree with the opinions of the compensation committee of your institute (Gansu Higher People's Court), and the Lanzhou Municipal People's Procuratorate shall be liable for compensation.
Reply of the Supreme People's Court Compensation Committee on the Wrong Arrest Confirmed by the Procuratorial Organ's Decision of Non-prosecution (2002) No.8: According to the provisions of the Criminal Procedure Law, the decision of the People's Procuratorate not to prosecute because of "unclear facts and insufficient evidence" is the end of the criminal case review procedure of the People's Procuratorate in accordance with the Criminal Procedure Law, and it is a decision that the criminal suspect cannot be found guilty.
In the legal sense, if the suspect cannot be found guilty, the suspect is innocent. The decision not to prosecute made by the people's procuratorate because of "unclear facts and insufficient evidence" shall be regarded as the decision to declare the suspect innocent, and the decision not to prosecute is the confirmation of the wrong arrest by the people's procuratorate and does not need to be reconfirmed.
According to the spirit of the State Compensation Law and the reply of the the Supreme People's Court Compensation Committee, the people's procuratorate decided not to prosecute criminal cases with unclear facts and insufficient evidence. If there is detention, it constitutes state compensation.