if the people's procuratorate finds that the criminal suspect has no criminal facts or meets one of the circumstances stipulated in article 15 of the criminal procedure law, it shall make a decision not to prosecute upon the decision of the chief procurator or the procuratorial Committee. If the public prosecution department finds that the criminal suspect has no criminal facts or meets one of the circumstances stipulated in Article 15 of the Criminal Procedure Law, it shall return the case to the investigation department of our hospital and propose to dismiss the case.
if the people's procuratorate still thinks that the evidence is insufficient and does not meet the conditions for prosecution in the case returned for supplementary investigation for the second time, it shall make a decision not to prosecute after the decision of the chief procurator or the procuratorial Committee. The people's procuratorate may decide not to prosecute a case that has been returned for supplementary investigation once, if it considers that the evidence is insufficient and does not meet the conditions for prosecution, and it is unnecessary to return it for supplementary investigation.
Legal basis:
People's Republic of China (PRC) Criminal Procedure Law
Article 124 Investigators may question witnesses on the spot or at the unit, residence or place proposed by witnesses. When necessary, the witness may be notified to testify in a people's procuratorate or a public security organ. When questioning witnesses on the spot, they should show their work certificates, and when questioning witnesses at their units, residences or places proposed by witnesses, they should show their certificates from people's procuratorates or public security organs. The questioning of witnesses should be conducted separately.
article 128 investigators shall conduct an inquest or inspection of places, articles, persons and corpses related to crimes. When necessary, people with specialized knowledge may be appointed or hired to conduct inquests and inspections under the auspices of investigators.