The circumstances (1) in which the people's procuratorate should make a decision not to approve the arrest do not meet the arrest conditions stipulated in Article 79, paragraph 1 of this Law ① There is no evidence to prove the criminal facts, and the evidence obtained by the investigation organ is not up to the level of confirming the criminal facts of the criminal suspect, or there is no evidence at all, or there is evidence but it cannot be mutually verified and verified, and the only conclusion that the criminal suspect has the criminal facts cannot be drawn. ② The suspect has no criminal facts. Including the criminal suspect's behavior is not a criminal act and does not have social harm; Although the criminal suspect's behavior is harmful to society, it is not criminally responsible according to the provisions of the criminal law, such as the behavior that is harmful to society by people under the age of 14, the behavior that is harmful to society by mental patients when they can't control or identify their own behavior, self-defense behavior, and emergency avoidance behavior. Although the criminal suspect's behavior is harmful to society, it is not considered a crime according to the provisions of the criminal law. Those who endanger society due to force majeure or unforeseeable reasons shall not bear criminal responsibility; Although there are criminal facts, they are not committed by criminal suspects. The above four situations all belong to the situation that the criminal suspect has no criminal facts, which does not meet the condition of "there is evidence to prove that there are criminal facts", and a decision should be made not to approve the arrest. Today, although there is evidence to prove that there are criminal facts, it is impossible to sentence the criminal suspect to more than fixed-term imprisonment, and a decision should be made not to approve the arrest. Source Xiamen lawyer web page link
(4) Although there is evidence to prove that there are criminal facts, the criminal suspect may be sentenced to more than fixed-term imprisonment, but it is enough to prevent social danger by taking measures such as obtaining a guarantor pending trial and monitoring residence. If there is no need for arrest, a decision shall be made not to approve the arrest. (2) Article 15 of this Law has one of the circumstances specified in Article 15 of this Law, which stipulates: 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 of prosecution; (3) Being exempted from punishment by amnesty; (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law; ⑤ If other laws stipulate that criminal responsibility is exempted, criminal responsibility shall not be investigated. In these cases, criminal responsibility is not investigated, and of course, a decision not to approve the arrest must be made.