How to deal with cases where the police do not prosecute cases where there is insufficient evidence for investigation?

Legal analysis: If during the investigation phase, the police believe that there is insufficient evidence, they will directly dismiss the case. If the procuratorate is in the review and prosecution stage, the procuratorate will recommend that the police withdraw the case, or the procuratorate can handle the case directly without prosecuting. If it is at the trial stage of the court, the court can acquit the person. During the course of the investigation, if it is discovered that the criminal suspect should not be held criminally responsible, the case shall be withdrawn; the criminal suspect who has been arrested shall be released immediately, a release certificate shall be issued, and the People's Procuratorate that originally approved the arrest shall be notified. During the review and prosecution stage, 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.

For minor injury cases that were originally considered to have “insufficient evidence”, after the public security organs open the case for investigation, they should issue an investigation conclusion report and serve it to both parties, and both parties can conduct persuasion and education. On the premise that both parties are willing, both parties can write an application for mediation to the public security organ. On this basis, the public security organ can organize mediation to conclude the case. This will help stabilize the emotions of both parties and resolve conflicts in a timely manner.

Legal basis: "Criminal Procedure Law of the People's Republic of China"

Article 36 Legal aid agencies can send lawyers on duty in people's courts, detention centers and other places. If the criminal suspect or defendant has not appointed a defender or the legal aid agency has not appointed a lawyer to defend him or her, the duty lawyer will provide the criminal suspect or defendant with legal advice, procedural selection suggestions, application for changes in compulsory measures, case handling suggestions and other legal assistance.

People's courts, people's procuratorates, and detention centers should inform criminal suspects and defendants of their right to meet with duty lawyers, and provide convenience for criminal suspects and defendants to meet with duty lawyers.

Article 39: Defense lawyers may meet and communicate with criminal suspects and defendants in custody. Other defenders may also meet and communicate with criminal suspects and defendants in custody with the permission of the People's Court and People's Procuratorate.

If a defense lawyer requests to meet with a detained criminal suspect or defendant with a lawyer's practicing certificate, law firm certificate, power of attorney, or legal aid letter, the detention center shall arrange the meeting in a timely manner, no later than 48 hours.

In cases of crimes endangering national security or terrorist activities, defense lawyers must obtain permission from the investigation agency to meet criminal suspects in custody during the investigation. The investigation agency shall notify the detention center of the above situation in advance.

Defense lawyers meet with criminal suspects and defendants in custody to learn about the case and provide legal advice. From the date the case is transferred for review and prosecution, relevant evidence can be verified with the criminal suspect or defendant. Defense lawyers are not subject to surveillance when meeting criminal suspects and defendants.

The provisions of paragraphs 1, 3 and 4 shall apply to meetings and communications between defense lawyers and criminal suspects and defendants who are under residential surveillance.