First, will there be a record if you don't sue?
1, not to prosecute is not that the sentencing standard is not enough, but that criminal responsibility is not established and there is no criminal record. Exemption from prosecution is a criminal responsibility, not a crime, and it is recorded.
2. China maintains that there is no doubt that there will be no criminal record without a court decision, and the cases that the procuratorate does not prosecute are generally cases that cannot be investigated for criminal responsibility or lack of evidence. Generally speaking, there are the following categories:
Criminal Procedure Law: 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 innocence shall be declared:
(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.
3. No criminal record will be left. It belongs to acquittal. For the defendant who has constituted a crime but does not need to be sentenced or exempted from punishment according to law, the People's Procuratorate of China will decide to terminate the lawsuit without bringing it to the people's court for trial. The people's procuratorate may make a decision of exemption from prosecution for cases that have been terminated by its own investigation and cases that have been transferred to prosecution by public security organs after investigation.
Second, can the decision not to prosecute prove that there is no criminal record?
1, yes.
2. If the procuratorate decides not to prosecute the suspect, the party concerned may issue a certificate of no criminal record because he has not been sentenced and has no criminal record.
3. The Criminal Procedure Law stipulates that no one can be found guilty without the judgment of the people's court according to law. If the criminal suspect has no criminal facts or has one of the circumstances stipulated in Article 16 of the Criminal Procedure Law, the people's procuratorate shall make a decision not to prosecute. If the circumstances of the crime are minor and it is not necessary to sentence or exempt from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute. In cases where the people's procuratorate decides not to prosecute, the property sealed up, detained or frozen during the investigation shall be released at the same time. If the plaintiff who is sorry needs to be given administrative punishment, punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the results.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 16 of the Criminal Procedure Law of People's Republic of China (PRC).
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:
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.