Should a hearing be held in a criminal case without prosecution?

First, if a criminal case is not prosecuted, should a hearing be held?

1. Hearings on non-prosecution, criminal complaints, civil litigation supervision, administrative litigation supervision, and public interest litigation cases are generally held in public. Hearings to review arrests, necessity of detention and cases involving minors are generally held behind closed doors.

2. Legal basis: Article 178 of the "Criminal Procedure Law of the People's Republic of China"

The decision not to prosecute should be announced publicly, and the decision not to prosecute should be delivered to the person who was refused. The prosecutor and his unit. If the person being prosecuted is in custody, he shall be released immediately.

Article 179

If the People’s Procuratorate decides not to prosecute a case transferred by the public security organ, it shall send a letter of decision not to prosecute to the public security organ. If the public security organ believes that the decision not to prosecute is wrong, it may request for reconsideration. If the opinion is not accepted, it can be submitted to the People's Procuratorate at the next higher level for review.

Article 180

If it is decided not to prosecute a case involving a victim, the People’s Procuratorate shall serve the victim with a letter of decision not to prosecute. If the victim refuses to accept the decision, he may appeal to the People's Procuratorate at the next higher level and request public prosecution within seven days after receiving the decision. The People's Procuratorate shall inform the victim of the review decision. If the People's Procuratorate upholds the decision not to prosecute, the victim may file a lawsuit with the People's Court. The victim may also file a lawsuit directly with the People's Court without appeal. After the People's Court accepts the case, the People's Procuratorate shall transfer the relevant case materials to the People's Court.

2. Procedure for non-prosecution hearing

The hearing process is: presided over by the moderator,

1. Opinions read out by the investigating agency;

< p>2. The procuratorate reads out the case;

3. The defender expresses his defense opinions;

4. The hearing officer raises questions about the case;

5. After the collegial panel Hear, whether not to prosecute;

6. Ask the investigating agency if there are any additional comments on the hearing;

7. The hearing is over.