2, in line with the "Criminal Procedure Law" (20 12 amendment) one of the circumstances stipulated in Article 15, shall not be investigated for criminal responsibility.
3. Legal basis: Criminal Procedure Law (revised 20 12)? Fifteenth according to the principle of non prosecution in any of the following circumstances, shall not be investigated for criminal responsibility. If an investigation has been made, the case shall be dismissed, or no prosecution shall be instituted, 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.
Article 195 After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel made the following judgments after deliberation based on the facts, evidence and relevant laws and regulations ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.
Extended data:
Public prosecution refers to the litigation activities in which the state organ exercising the right of public prosecution requests the court to investigate the criminal responsibility of the defendant.
After reviewing the criminal case concluded by investigation, the People's Procuratorate of China confirms that the defendant's criminal facts are clear and the evidence is conclusive and sufficient, and shall be investigated for criminal responsibility according to law, that is, the procurator-general or prosecutor shall bring a public prosecution to the people's court on behalf of the state according to the jurisdiction of the trial.
Public prosecution is the legal authority of China's procuratorial organs, which is independently exercised by the people's procuratorates and is not influenced by other organizations or individuals, nor does it depend on the will of the victims.
Criminal Procedure Law of the People's Republic of China
Article 5 The people's courts exercise judicial power independently according to law, and the people's procuratorates exercise procuratorial power independently according to law, without interference from administrative organs, social organizations and individuals.
Article 6 In criminal proceedings, the people's courts, people's procuratorates and public security organs must rely on the masses, take facts as the basis and take the law as the criterion. All citizens are equal in applying the law and are not allowed to have any privileges before the law.
Article 7 In criminal proceedings, the people's courts, people's procuratorates and public security organs shall be responsible for the division of labor, cooperate with each other and check each other to ensure the accurate and effective enforcement of laws.
Article 8 The People's Procuratorate shall exercise legal supervision over criminal proceedings according to law.
Article 9 Citizens of all ethnic groups have the right to use their own spoken and written languages in litigation. The people's courts, people's procuratorates and public security organs shall translate for the participants in the proceedings who are not familiar with the local spoken and written languages.
In areas where ethnic minorities live in compact communities or where many ethnic groups live together, trials shall be conducted in the local common language, and judgments, notices and other documents shall be issued in the local common language.
Article 10 In handling cases, the people's courts shall adopt the system of second instance and final adjudication.
Article 11 The people's courts shall hear cases in public, except as otherwise provided in this Law. The defendant has the right to be defended, and the people's court has the obligation to ensure that the defendant is defended.
Article 12 No one shall be found guilty without a judgment of the people's court according to law.
Article 13 In handling cases, the people's courts shall implement the people's jury system in accordance with this Law.
Article 14 The people's courts, people's procuratorates and public security organs shall guarantee the right of defense and other litigation rights enjoyed by criminal suspects, defendants and other participants in litigation according to law.
Participants in litigation have the right to sue judges, prosecutors and investigators for violating citizens' litigation rights and personal insults.
Reference link: Public Prosecution Baidu Encyclopedia