(2) People's courts and people's procuratorates shall immediately release persons who decide to arrest. Public security organs shall immediately release persons who have been arrested with the approval of the people's procuratorate and find that they do not constitute a crime during interrogation in accordance with the law and issue a release certificate; ( 3) If the People’s Procuratorate considers that the defendant does not commit a crime in a case transferred by the public security organ or exempted from prosecution, it shall make a decision not to prosecute and immediately release the defendant in custody; (4) After trial, the People’s Court deems that the defendant does not commit a crime , a not guilty verdict should be rendered and the defendant should be released immediately after the verdict is pronounced.
Legal basis: Article 5 of the "Regulations on the Proving of Criminal Records by Public Security Organs" The matters referred to in these regulations do not include the following situations: 1. Public security mediation agreement, no penalty decision; 2. Warning, confiscation of illegal income, confiscation of illegal property, temporary suspension or revocation of license plate, traffic violation fine (if applying for school bus driving qualification, it shall be handled in accordance with the provisions of the "School Bus Safety Management Regulations"); 3. Administrative measures such as summons (mandatory summons), continued cross-examination, detention and review; 4. Administrative penalty decisions made by other administrative agencies.