According to the provisions of Article 173 of the Criminal Procedure Law of People's Republic of China (PRC), if the criminal suspect has no criminal facts or has one of the circumstances stipulated in Article 15 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 sentence or exempt 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, administrative punishment or confiscation of his 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. Article 174 stipulates that the decision not to prosecute shall be publicly announced, and the decision not to prosecute shall be served on the person who is not prosecuted and the unit to which he belongs. If the accused is in custody, he shall be released immediately. Article 175 stipulates that if a people's procuratorate decides not to prosecute a case transferred by a public security organ, it shall serve the decision on non-prosecution on the public security organ. When the public security organ thinks that the decision not to prosecute is wrong, it may request reconsideration. If the opinion is not accepted, it can be submitted to the people's procuratorate at the next higher level for review. Article 177 stipulates that if the person who is not prosecuted refuses to accept the decision made by the people's procuratorate in accordance with the second paragraph of Article 173 of this Law, he may lodge a complaint with the people's procuratorate within seven days after receiving the decision. The people's procuratorate shall make a review decision, notify the non-prosecutor, and send a copy to the public security organ. Article 15 In any of the following circumstances, criminal responsibility shall not be investigated. If criminal responsibility has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated or acquitted: (1) If the circumstances are obviously minor and the harm is not great, it shall not be considered as 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.
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Article 173 of the Criminal Procedure Law of People's Republic of China (PRC), when examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his agent ad litem, and record them. If the defender or the lawyer on duty, the victim and his agent ad litem put forward written opinions, they shall attach a volume. If a criminal suspect pleads guilty and admits punishment, the people's procuratorate shall inform him of his litigation rights and the legal provisions of pleading guilty and admitting punishment, listen to the opinions of the criminal suspect, defender or lawyer on duty, victim and his agent ad litem on the following matters, and record them: (1) Suspected criminal facts, charges and applicable legal provisions; (2) Suggestions on a lighter, mitigated or exempted punishment; (3) Procedures applicable to the trial of cases after pleading guilty and admitting punishment; (four) other matters that need to listen to opinions. If the people's procuratorate listens to the opinions of the lawyers on duty in accordance with the provisions of the preceding two paragraphs, it shall provide necessary convenience for the lawyers on duty to know the relevant situation of the case in advance.
Article 174 of the Criminal Procedure Law of People's Republic of China (PRC) * * * If a criminal suspect voluntarily pleads guilty and agrees to apply sentencing suggestions and procedures, he shall sign a confession and repentance in the presence of a defender or a lawyer on duty. If a criminal suspect pleads guilty and admits punishment, it is not necessary to sign a statement of pleading guilty and admitting punishment in any of the following circumstances: (1) The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior; (two) the legal representative or defender of the juvenile criminal suspect has any objection to the juvenile's confession and punishment; (3) Other circumstances in which it is not necessary to sign a confession and repentance.
Article 175 of the Criminal Procedure Law of People's Republic of China (PRC), when examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial; If he thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 56 of this Law, he may be required to explain the legality of collecting evidence. When examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct its own investigation. A case under supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution. If the people's procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution in the case of the second supplementary investigation, it shall make a decision not to prosecute.
Article 177 of the Criminal Procedure Law of People's Republic of China (PRC), if a 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 sentence or exempt 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.