Probability of innocence in criminal detention

According to the 20 18 report on the work of the supreme people's procuratorate, procuratorial organs at all levels do not arrest 168458 people and do not prosecute 34398 people for decisions that do not constitute crimes or lack of evidence. According to the work report of the Supreme Court in 20 18, people's courts at all levels sentenced criminals to14.29 million, acquitted defendants in public prosecution cases to 5 17, and acquitted defendants in private prosecution cases to 302. Generally speaking, in criminal cases of 20 18, * * is about168458+34398+1429000 =1631856. Let's assume that all these people have been taken compulsory measures. During the investigation stage, 168458 people were released, accounting for about10%; 34,398 people were released during the review and prosecution stage, accounting for about 2%; At the trial stage, 5 17 people were acquitted, accounting for about 0.03%. In other words, if a crime is caught, the probability of acquittal is getting smaller and smaller from investigation to prosecution and finally to trial. In the investigation stage, about one-tenth of those arrested will be acquitted, while in the trial stage, only about three-tenths of them will eventually be acquitted. This is also the reason why criminal lawyers have repeatedly emphasized "37 days of gold rescue". If the problem cannot be solved within 37 days after compulsory measures are taken, it will take about 333 times of effort to be acquitted.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 12 No one shall be found guilty without a judgment of the people's court according to law.

Article 13 In handling cases, the people's courts shall implement the people's jury system in accordance with this Law.

Article 14 The people's courts, people's procuratorates and public security organs shall guarantee the right of defense and other litigation rights enjoyed by criminal suspects, defendants and other participants in litigation according to law. Participants in litigation have the right to sue judges, prosecutors and investigators for violating citizens' litigation rights and personal insults.

Article 15 In any of the following circumstances, criminal responsibility shall not be investigated. If criminal responsibility has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated or acquitted: (1) If the circumstances are obviously minor and the harm is not great, it shall not be considered as a crime; (two) the crime has passed the limitation period; (3) Being exempted from punishment by an amnesty order; (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law; (5) The criminal suspect or defendant dies; (six) other laws and regulations shall be exempted from criminal responsibility.