Criminal Procedure Law of the People's Republic of China
Article 112 A people's court, a people's procuratorate or a public security organ shall, within the scope of their jurisdiction, promptly examine the materials of reporting, accusing, reporting and surrendering themselves, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case;
If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.
Article 16 In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered 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.
Extended data
Handling after the procuratorial organ makes a decision not to prosecute:
Criminal Procedure Law of the People's Republic of China
Article 177 If a criminal suspect has no criminal facts or is under any of the circumstances specified 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.
Haining Municipal People's Procuratorate-People's Republic of China (PRC) Criminal Procedure Law (full text)