1. Can a lawyer make a decision not to prosecute?
It is impossible for a lawyer to make a decision not to prosecute. Lawyers have no right to make a decision not to prosecute. Only the people's procuratorate has it.
According to Article 177 of the Criminal Procedure Law, if the criminal suspect has no criminal facts or has one of the circumstances stipulated in Article 16 of this law, the people's procuratorate shall make a decision not to prosecute.
If the circumstances of the crime are minor and it is not necessary to be sentenced or exempted from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.
In cases where the people's procuratorate decides not to prosecute, the property sealed up, detained or frozen during the investigation shall be released at the same time. If the plaintiff who is sorry needs to be given administrative punishment, punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the results.
Second, what are the circumstances of discretionary non-prosecution?
Discretionary non-prosecution, must be a minor crime, in accordance with the provisions of the criminal law does not need to be sentenced to punishment or exempted from punishment, mainly as follows:
1. A criminal suspect who commits a crime outside the territory of People's Republic of China (PRC) should bear criminal responsibility according to the provisions of China's criminal law, but has been criminally punished in a foreign country;
2. The suspect is deaf or blind;
3. The criminal suspect commits a crime because of excessive defense or emergency avoidance exceeding the necessary limit, without causing harm;
4. Prepare tools to create conditions for crime;
5. Automatic termination or automatic and effective prevention of criminal results in the process of crime;
6, in * * * with the crime, play a secondary or auxiliary role;
7. Being coerced into participating in a crime;
8. The criminal suspect has rendered meritorious service after surrendering or surrendering;
9, the crime is minor and surrender or serious and meritorious service.
3. What are the cases of statutory non-prosecution?
According to Articles 15 and 173 of the Criminal Procedure Law, statutory non-prosecution applies to the following seven situations:
1, the suspect has no criminal facts;
2. If the circumstances are obviously minor and the harm is not great, it is not considered a crime;
3, the crime has passed the limitation period;
4. Exemption from punishment through Amnesty;
5, in accordance with the criminal law to deal with the crime, did not tell or withdraw to tell;
6. The criminal suspect or defendant dies;
7, other laws and regulations shall be exempted from criminal responsibility.
Discretionary non-prosecution is relative to statutory non-prosecution. Generally, only those who violate criminal laws and regulations, but the damage caused is relatively light, will not be prosecuted at this time. Although the criminal will not be released without being sentenced to criminal punishment, it does not mean that the criminal has not committed a crime, so even if he does not sue, he will still have a criminal record.