First, non-prosecution is a statutory method of disposal adopted by the procuratorate after prosecuting and reviewing criminal cases:
The second is The basis for non-prosecution is that the case does not meet the conditions for prosecution or is not suitable for prosecution based on the actual circumstances of the case;
Third, the legal effect of the decision not to prosecute is to terminate the criminal proceedings and not submit the case to the court for trial;
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Fourth, the procuratorial organ’s decision not to prosecute has definite effect. If the conditions stipulated by law are not met, the effective decision not to prosecute may not be changed.
The right to confirm crimes belongs to the People's Court. If the procuratorate makes a decision not to prosecute, it means that the case has not been tried by the People's Court, and the parties involved will not be convicted, and of course there will be no criminal record. Of course, a certificate of no criminal record can be issued.
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First, not prosecuting is conducive to saving judicial resources and realizing the requirements of the economic principle of litigation.
When the People’s Procuratorate examines and prosecutes. When it is discovered that a criminal suspect should not be held criminally responsible or cannot be held accountable, or when it is determined that the criminal suspect's crime is so minor that he does not need to be sentenced to criminal law or can be exempted from criminal law punishment, a decision not to prosecute should be made promptly.
End Litigation procedures prevent cases from entering the trial stage, which can shorten litigation time, save a lot of manpower and material resources, thereby reducing litigation costs, saving limited judicial resources, and embodying the economic principles of litigation.
It will help the judicial organs concentrate their efforts on handling major and important cases.
2. Non-prosecution will help the judicial organs concentrate on handling major and important cases.
In recent years, crime has been on the rise, especially major crimes. We should focus our efforts on major crimes. Therefore, for those cases where the crime is minor and does not require a penalty or exemption, or where criminal responsibility should not be pursued, it is beneficial for the judicial organs to concentrate their efforts and make great efforts to handle major and important cases.
Third, non-prosecution is conducive to the protection of human rights
During the public prosecution stage, the People’s Procuratorate reviews cases where investigations have been completed, and cases where criminal liability should not be pursued or where there is no need to Making timely decisions not to prosecute cases where criminal liability is or cannot be pursued can prevent the past practice of "hanging the case" for a long time.
This will enable the criminal suspect to escape investigation as soon as possible and regain his personal freedom. Therefore, non-prosecution is conducive to protecting the legitimate rights and interests of citizens, protecting innocent people from criminal prosecution, and embodies the purpose of protecting human rights in the Criminal Procedure Law.
Baidu Encyclopedia - No prosecution