If the evidence in the first instance is insufficient, the court should make an acquittal. 1. If the victim or his legal representative cannot collect evidence by himself due to objective reasons, the people's court shall investigate and collect evidence ex officio upon application. If the evidence is sufficient after investigation and collection according to the authority, a court session shall be held. If there is still no evidence, the private prosecutor shall be persuaded to withdraw the prosecution or make a ruling to dismiss the prosecution. 2. If the victim or his legal representative does not apply to the people's court for investigation and evidence collection, the people's court shall persuade the private prosecutor to withdraw the prosecution or make a ruling to dismiss the prosecution. The first reason is that the private prosecutor of this kind of case has brought a lawsuit to the people's court, but the evidence of the case is insufficient, which does not belong to the situation of not informing or withdrawing the notification; Secondly, the private prosecutor's application to the people's court for ex officio investigation and evidence collection does not mean "no distinction between prosecution and trial" or "no distinction between investigation and trial". The behavior collected by the people's court according to its functions and powers is not an investigation, but belongs to the people's court according to its functions and powers. 3. Further strengthen the degree of case review and public participation, and implement the requirements of the Supreme People's Procuratorate on strengthening the public review of non-prosecution and appeal cases. On the basis of the victim's understanding of the criminal suspect, social personnel such as deputies to the National People's Congress, people's supervisors, CPPCC members, party style and clean government supervisors, village secretaries and village directors are invited to participate in public comments to evaluate the fairness of the decision not to prosecute. Public hearings should be held on difficult and complicated cases such as complaints, compensation, major and difficult letters and visits, so as to eliminate the doubts of the victims, channel their opposing dissatisfaction and ensure fairness and justice.
legal ground
Article 160 of the Criminal Procedure Law: When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear, the evidence is true and sufficient, write a prosecution opinion, and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.
Article 171 When examining a case, the people's procuratorate may request the public security organ to provide evidence materials necessary for the trial; If it is believed that there may be cases of collecting evidence by illegal means as stipulated in Article 54 of this Law, it 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 174 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.