1. Because criminal cases are divided into public prosecution cases and private prosecution cases, public prosecution cases cannot be decided by individuals. If the Public Security Bureau thinks that criminal responsibility cannot be investigated, the case shall be dismissed, and the procuratorate may dismiss the case if it decides not to prosecute;
2. In the course of investigation, if it is found that the criminal suspect should not be investigated for criminal responsibility, the case shall be dismissed. If a criminal suspect has been arrested, he shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest;
3. The people's procuratorate shall make a decision to initiate public prosecution, not to initiate prosecution or to dismiss the case after investigating the closed case.
From the initial filing of a criminal case to the determination of the final trial result, there are roughly three stages, namely, the investigation stage that the public security organ is mainly responsible for, the examination and prosecution stage that the people's procuratorate is responsible for, and the trial stage that the people's court is ultimately responsible for.
How long does the criminal court open after filing a case? Details are as follows:
1. After different kinds of criminal cases arrive at the court, the trial period is different according to the different applicable procedures;
2. The people's court shall conclude a case that is tried by summary procedure within 20 days after accepting it;
3, the application of ordinary procedures, the people's court shall accept the judgment within two months, no later than three months.
To sum up, if the public security organ finds that the criminal suspect should not be investigated for criminal responsibility during the investigation, it shall dismiss the case. After the case enters the stage of examination, prosecution or trial, it is found that the criminal suspect or defendant has no criminal facts. In the course of investigation, if it is found that the criminal suspect should not be investigated for criminal responsibility, the case shall be dismissed; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.
Legal basis:
Article 16 of the Criminal Procedure Law of People's Republic of China (PRC)
In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered 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.