The conditions are as follows:
(1) Minors: The subject is under 18 years old.
(2) Suspected of crimes stipulated in Chapter IV, Chapter V and Chapter VI of the Specific Provisions of the Criminal Law: minor crimes that infringe upon citizens' personal rights and property rights or disrupt social management order.
(3) Penalties that may be sentenced to fixed-term imprisonment of not more than one year: crimes that may be sentenced to fixed-term imprisonment of not more than one year, public surveillance, criminal detention or a single fine according to law.
(4) Repentance: there is repentance subjectively.
(5) Meet the conditions for prosecution: the case itself can be prosecuted. Before the people's procuratorate decides not to prosecute conditionally, it shall listen to the opinions of the public security organ and the victim.
What is conditional non-prosecution
Conditional non-prosecution refers to setting a certain investigation period when the procuratorial organ believes that the criminal suspect who should bear criminal responsibility cannot be investigated immediately. During the investigation, if the relevant social obligations are actively fulfilled and the relevant obligations agreed with the victim and the procuratorial organ are enough to prove their repentance, the procuratorial organ will make a decision not to prosecute according to law.
There are seven cases of statutory non-prosecution:
(1) The suspect has no criminal facts;
(2) The acts committed by the criminal suspect are obviously minor and harmless, and are not considered as crimes;
(3) If the criminal suspect has committed a crime and the limitation period for prosecution has expired:
(4) The criminal suspect's crime is pardoned from punishment;
(5) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(6) The criminal suspect or defendant dies;
(7) Other laws provide for exemption from criminal responsibility.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 282 of the Criminal Procedure Law of People's Republic of China (PRC)
If a minor is suspected of committing a crime stipulated in Chapters IV, V and VI of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than one year, and meets the conditions for prosecution, but shows remorse, the people's procuratorate may make a conditional decision not to prosecute. Before making a conditional decision not to prosecute, the people's procuratorate shall listen to the opinions of the public security organ and the victim. The provisions of Articles 179 and 180 of this Law shall apply to the conditional non-prosecution decision of the public security organ requesting reconsideration, submitting for review or the victim's complaint. If a juvenile criminal suspect and his legal representative object to the people's procuratorate's conditional decision not to prosecute, the people's procuratorate shall make a decision to prosecute.