Can statutory non-prosecution be applied to the executors of self-defense?

If it is self-defense, it does not constitute a criminal offence, and there is no question of applying non-prosecution; If the defense is excessive, the punishment shall be mitigated or exempted. In this case, the people's procuratorate may decide not to prosecute if the circumstances of the crime are minor and it is not necessary to sentence or exempt the punishment according to the provisions of the Criminal Law.

1, Article 20 of the Criminal Law: Self-defense

In order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, stopping illegal infringement and causing damage to the illegal infringer, it belongs to self-defense and does not bear criminal responsibility.

If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.

Taking defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc., which seriously endanger personal safety, and causing casualties to illegal infringers, is not excessive defense and does not bear criminal responsibility.

2. Article 173rd of the Criminal Procedure Law?

If the criminal suspect has no criminal facts, or is under any of the circumstances specified in Article 15 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, administrative punishment or confiscation of his 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.