The process of closing a criminal case without prosecution is as follows: the prosecutor reviews the evidence of the whole case and puts forward the opinion of non-prosecution; To undertake the prosecutor's service of the non-prosecution decision to the non-prosecutor and the victim. The specific process of non-prosecution is as follows:
1, the public prosecutor examines the evidence of the whole case and makes a non-prosecution opinion. (If in doubt, don't sue, you need to check it again. )
2. Prosecutors shall convene a joint meeting of prosecutors, and the prosecutors attending the joint meeting will put forward their personal opinions on facts, evidence and applicable laws according to the prosecutor's report. (The opinions of prosecutors attending the joint meeting are for reference only. )
3. Submit it to the procuratorial committee of our hospital for decision. (The prosecutor reports to the procuratorial committee, and the members of the procuratorial committee express their opinions respectively. The procuratorial committee implements the principle that the minority is subordinate to the majority).
4. After the decision of non-prosecution is passed by the procuratorial committee, the prosecutor shall make a decision of non-prosecution.
5. To serve the defendant and the victim with the prosecutor's decision not to prosecute.
6. If the victim refuses to accept the decision made by the people's procuratorate not to prosecute, he may appeal to the people's procuratorate at the next higher level after receiving the decision.
7. If the person who is not prosecuted refuses to accept the decision not to prosecute, he shall appeal to the people's procuratorate that made the decision not to prosecute within 7 days after receiving the decision.
8. If there is no complaint, the decision not to prosecute will take legal effect after 7 days.
What's the difference between a criminal case and a civil case?
1, with different concepts. Criminal cases refer to cases in which criminal suspects and defendants are accused of violating social relations protected by criminal law, and the state conducts investigation, trial and criminal sanctions in order to investigate the criminal responsibility of criminal suspects and defendants. A civil case refers to a case in which a dispute arises between civil subjects with equal legal status, and the parties can't solve it through consultation, but resort to the judicial organ and request that it be accepted by the judicial organ to clarify and define the relevant civil rights and obligations;
2. The contents of the cases involved are different. Criminal cases involve criminal acts. Civil cases involve cases related to property rights and interests, such as contract disputes, property rights disputes, infringement disputes, etc.
3. Whether the state actively intervenes is different. Generally, the national criminal judicial organs take the initiative to intervene in criminal cases. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation. Then the procuratorate prosecuted the defendant on behalf of the state, and the court represented legal sanctions. Civil cases generally follow the principle of non-litigation, that is, the parties do not take the initiative to raise it with the state judicial organs, and the state judicial organs generally do not intervene in disputes between the parties.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 177 of the Criminal Procedure Law
If the criminal suspect has no criminal facts, or is under any of the circumstances specified in Article 16 of this 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.