According to Article 174 of the Criminal Procedure Law of People's Republic of China (PRC), 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 his unit. If the accused is in custody, he shall be released immediately.
If the people's procuratorate decides not to prosecute the case transferred by the public security organ, it shall serve the decision of 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.
Extended data:
The relevant requirements for non-prosecution stipulate that:
1. 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.
2. If a case with a victim decides not to prosecute, the people's procuratorate shall serve the decision of not to prosecute on the victim. If the victim refuses to accept the decision, he may appeal to the people's procuratorate at the next higher level and request public prosecution within seven days after receiving the decision. The people's procuratorate shall inform the victim of the reexamination decision.
3. If the people's procuratorate upholds the decision not to prosecute, the victim may bring a lawsuit to the people's court. The victim may also bring a suit directly to the people's court without appealing. After the people's court accepts the case, the people's procuratorate shall transfer the relevant case materials to the people's court.
The Supreme People's Procuratorate-People's Republic of China (PRC) Code of Criminal Procedure