The results are the same. After reviewing and prosecuting, the people's procuratorate decided not to transfer the case to the people's court for trial, which led to the end of the lawsuit.
Difference:
1. Different scope of application
Application of statutory non-prosecution:
(1) If the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(2) The crime has passed the limitation period;
(3) being exempted from punishment by an Amnesty order;
(4) failing to tell or withdraw a crime that should be dealt with only after being told according to the criminal law;
(5) The criminal suspect or defendant dies;
(6) other laws and regulations exempt from criminal responsibility.
applicable circumstances of discretionary non-prosecution: if the crime is minor, according to the provisions of the criminal law, there is no need to impose punishment or be exempted from punishment.
second, the handling methods are different.
those who fail to prosecute according to law cannot prosecute according to law, and the procuratorate has no discretion. As for discretionary non-prosecution, the procuratorate can not prosecute and has discretion.
expanding data:
the value of law refers to people's understanding of the due value factors of the legal connotation as an object, which is the satisfaction of law to people's needs. Although the system of non-prosecution is only a system in the prosecution stage of criminal proceedings, it profoundly embodies the basic value and significance of criminal proceedings. The system of non-prosecution at least embodies the following significance:
it is beneficial to protect human rights
it is beneficial to protect human rights.
the people's procuratorate makes a decision not to prosecute in time for cases that should not be investigated for criminal responsibility, or cases that do not need to be investigated for criminal responsibility or cannot be investigated for criminal responsibility, which can prevent the past practice of long-term investigation and long-term detention, so that the criminal suspect can be separated from investigation as soon as possible and restore personal freedom.
Therefore, non-prosecution is conducive to protecting the legitimate rights and interests of citizens and protecting innocent people from criminal investigation, which embodies the purpose of protecting human rights in the Criminal Procedure Law.
it is beneficial to save judicial resources
not to prosecute is beneficial to save judicial resources and realize the requirements of the principle of litigation economy.
when the people's procuratorate finds that the criminal suspect should not be investigated for criminal responsibility or can't be investigated, or finds that the criminal case of the criminal suspect is minor, so it doesn't need to be sentenced to criminal law or can be exempted from criminal law punishment, it can make a decision not to prosecute in time and end the litigation procedure, which can shorten the litigation time, reduce the litigation cost, save limited judicial resources and embody the principle of litigation economy.
It is beneficial for the judicial organs to concentrate on handling major cases.
Non-prosecution is beneficial for the judicial organs to concentrate on handling major cases.
In recent years, crimes are on the rise, especially major crimes. We should focus our work on major crimes. Therefore, it is beneficial for the judicial organs to concentrate their efforts and make great efforts to do a good job in major cases for those cases with minor crimes that do not need to be sentenced or exempted from punishment, or cases that should not be investigated for criminal responsibility.
Resources:
Baidu Encyclopedia-No Prosecution