For the defendant who has constituted a crime but does not need to be sentenced or exempted from punishment according to law, the People's Procuratorate of China will decide to terminate the lawsuit without bringing it to the people's court for trial. The people's procuratorate may make a decision of exemption from prosecution for cases that have been terminated by its own investigation and cases that have been transferred to prosecution by public security organs after investigation. Exemption from prosecution must meet two conditions:
1. The defendant's behavior has constituted a crime and should bear criminal responsibility.
2. The defendant has circumstances that do not need to be sentenced to punishment or exempted from punishment. There is no need to be sentenced to punishment, which means that the crime is minor, not harmful to society, and the attitude of pleading guilty is good.
Exemption from punishment includes the following nine situations:
1. Whoever commits a crime outside China and should bear criminal responsibility according to the criminal law, but has been punished by criminal punishment in a foreign country.
2. Deaf or blind people commit crimes.
3. justifiable defense exceeds the necessary limit.
4. Emergency hedging exceeds the necessary limit.
5. Prepare for a crime.
6. Stop crime.
7.* * * An accessory who plays a secondary or auxiliary role in the same crime.
8. Being coerced or tricked into participating in a crime.
9. Those who surrender after the crime is minor, or those who surrender after the crime is serious and have rendered meritorious service.
After making a decision not to prosecute, the people's procuratorate shall formulate a decision not to prosecute, which mainly includes:
(1) Basic information of the defendant, including name, date of birth, place of birth, nationality, culture, occupation, address, ID number, whether he has been subjected to criminal punishment, date of detention and arrest, place of detention, etc. ;
(2) The cause of action and the source of the case;
(3) The facts of the case, including the fact that denial or accusation of non-prosecution constitutes a crime and the facts on which the decision of non-prosecution is based;
(four) the basis and reasons for not prosecuting, and explain the applicable legal provisions of the decision not to prosecute;
(5) Relevant notices; At the end of the decision not to prosecute, the position and name of the competent prosecutor and the date of making the decision shall be stated, and the official seal of the procuratorate shall be affixed.
In cases where the people's procuratorate decides not to prosecute, it may, according to the different circumstances of the case, admonish the plaintiff or order him to make a statement of repentance, apologize and compensate for the losses. If the non-prosecution person needs to be given administrative punishment, administrative punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant authorities together with the decision not to prosecute. After the people's procuratorate decides not to prosecute a case directly put on file for investigation, the examination and prosecution department shall submit a copy of the indictment and the case review report to the people's procuratorate at the next higher level for the record. The decision not to prosecute shall be publicly announced by the people's procuratorate, and the activities of publicly announcing the decision not to prosecute shall be recorded in the record. The decision not to prosecute shall be served on the person who is not prosecuted and the unit where the person is not prosecuted. If the accused person's personal freedom is restricted, he shall be released immediately.
If there is a victim, the decision not to prosecute shall also be served on the victim or his near relatives and his agent ad litem. When delivered, the victim or his near relatives and his agent ad litem shall be informed. If you are not satisfied, you can appeal to the people's procuratorate at the next higher level within seven days after receiving the decision not to prosecute, or you can bring a lawsuit directly to the people's court without appealing. Inform the non-prosecutor that according to the second paragraph of Article 142 of the Criminal Procedure Law, if he regrets and refuses to accept the complaint, he can appeal to the people's procuratorate within 7 days after receiving the decision not to prosecute. If the people's procuratorate decides not to prosecute the case transferred by the public security organ, it shall serve the notice of non-prosecution on the public security organ.
Second, how to write the application for non-prosecution of drunk driving?
Article 200 of the Civil Procedure Law only states that the default judgment is regarded as a retrial case without summoning, and it is not clear that the lawsuit will be dismissed without statutory summoning. Then, I reluctantly cited item (2) first, and ruled that the basic factual evidence was insufficient. Although the legal intention of this basic fact should refer to the substantive facts of the case, it is barely understood here that you think that the facts you are summoned are lacking in evidence. Or invoke item (6), the original ruling is an error of applicable law, because the court did not legally summon and the minor premise did not exist, so the withdrawal law cannot be used, which can be considered as an error of applicable law. These two lawyers personally think the latter is better. The new civil procedure law stipulates that you can notify by telephone or other means, but the implementation may be different from place to place. The general court will not rashly dismiss the lawsuit for you. If you apply for a retrial, you should pay special attention.