Generally, there are two ways to handle a case after it reaches the procuratorate.
First, those who meet the conditions for prosecution shall pursue prosecution in accordance with the law.
Second, it does not meet the conditions for prosecution. There are several situations here:
a. Return to the investigation department and request to open a new investigation,
b. Suspend the review. This situation mainly refers to the criminal suspect or the person suffering from the disease. People with serious illnesses such as mental illness cannot be interrogated during the review and prosecution process, and they lose the ability to litigate.
c. Non-prosecution and non-prosecution are divided into the following categories.
1) Statutory non-prosecution refers to the six situations stipulated in Article 15 of the Criminal Procedure Law. You can go and take a look, I won’t go into details.
2) Discretionary non-prosecution means that if the crime is minor and there is no need to impose a penalty or the penalty can be exempted according to the criminal law, the procuratorate can exercise its discretion to make a decision not to prosecute.
3) Non-prosecution due to insufficient evidence means that after supplementary investigation, insufficient evidence does not meet the conditions for prosecution.
You can check for yourself whether the non-prosecution decision issued by the procuratorate belongs to the type of non-prosecution. The nature of different types of non-prosecution is different. The first type of non-prosecution, that is, statutory non-prosecution, and the second type of non-prosecution, that is, discretionary non-prosecution, will keep the file, because in fact the reasons for the illegal crime still exist, but the circumstances are minor, or other reasons do not require punishment. Only in the third case of insufficient evidence will the file not be retained, because insufficient evidence means that it has not yet been determined whether the crime occurred or whether it was committed by the criminal suspect, so the file will not be retained, but in this case situation.