Criminal Procedure Law
Article 173: If the criminal suspect has no criminal facts or falls under any of the circumstances stipulated in Article 15 of this Law, the People's Procuratorate shall make an appropriate decision. Prosecution decision.
If the crime is minor and does not need to be sentenced or exempted from punishment in accordance with the provisions of the criminal law, the People's Procuratorate may decide not to prosecute.
Article 176: If the People’s Procuratorate decides not to prosecute a case involving a victim, it shall send a letter of decision not to prosecute to the victim. If the victim refuses to accept the decision, he may appeal to the People's Procuratorate at the next higher level and request public prosecution within seven days after receiving the decision. The People's Procuratorate shall inform the victim of the review decision. If the People's Procuratorate upholds the decision not to prosecute, the victim may file a lawsuit with the People's Court. The victim may also file a lawsuit directly with the People's Court without appeal. After the People's Court accepts the case, the People's Procuratorate shall transfer the relevant case materials to the People's Court.