According to the Criminal Procedure Law, the people's procuratorate makes a decision not to prosecute under the following four circumstances: statutory non-prosecution, discretionary non-prosecution, non-prosecution due to insufficient evidence, and conditional non-prosecution.
Based on the criminal policy of "fewer arrests, cautious detention and cautious prosecution", this article sorts out the applicable conditions for non-prosecution of relevant criminal crimes and common financial crimes in combination with criminal laws and regulations, hoping to help you.
1. Statutory non-prosecution
According to Articles 177 and 16 of the Criminal Procedure Law of the People's Republic of China, a people's procuratorate shall make a decision not to prosecute under the following seven circumstances:
(1) The criminal suspect has no facts of the crime;
(2) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;
(3) The statute of limitations for prosecution has already expired;
(4) Exemption from criminal punishment by amnesty order;
(5) Crimes that were handled only in accordance with the Criminal Law, and there is no complaint or withdrawal of the accusation;
(6) The criminal suspect or defendant is deceased;
(7) Other laws provide for exemption from criminal responsibility.
2. Discretion not to prosecute
Discretionary non-prosecution is also known as relative non-prosecution. Paragraph 2 of Article 177 of the Criminal Procedure Law of the People's Republic of China stipulates: "Where the circumstances of the crime are minor and it is not necessary to impose a criminal penalty or waive a criminal penalty in accordance with the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute. ”
The specific circumstances are:
(1) Where a criminal suspect commits a crime outside the territory of China, he or she shall bear criminal responsibility in accordance with the Criminal Law of China, but may be exempted from punishment if he has already received criminal punishment in a foreign country (Article 10 of the Criminal Law);
(2) The crime committed by a person who is deaf and dumb or blind (Article 19 of the Criminal Code)
(3) the criminal suspect's legitimate defense (Article 20 of the Criminal Law);
(4) The criminal suspect has taken refuge in an emergency (Article 21 of the Criminal Law);
(5) Preparation for the criminal suspect to commit a crime (Article 22 of the Criminal Law);
(6) The criminal suspect's crime is suspended (Article 24 of the Criminal Law);
(7) The criminal suspect is an accomplice (Article 27 of the Criminal Law);
(8) The criminal suspect is an accessory to coercion (Article 28 of the Criminal Law);
(9) The criminal suspect surrendered voluntarily (Article 67 of the Criminal Law);
(10) The criminal suspect has made major meritorious contributions (Article 68 of the Criminal Law);
3. Non-prosecution in case of doubt
Non-prosecution in case of doubt is also known as non-prosecution due to insufficient evidence, and non-prosecution due to insufficient evidence is divided into two situations: one is the decision not to prosecute made by the people's procuratorate when the case still believes that the evidence is insufficient and does not meet the requirements for prosecution after the case has been supplemented. The other is where the procuratorate discovers that there has been an illegal collection of evidence, and after the evidence is excluded in accordance with law, other evidence cannot prove that the criminal suspect committed a crime.
4. Conditional non-prosecution
The conditional non-prosecution applies only to minors. Article 282 of the Criminal Procedure Law of the People's Republic of China provides:
The conditions for the application of conditional non-prosecution mainly include:
(1) The subject is a juvenile criminal suspect;
(2) Suspected of crimes provided for in Chapter 4 (Crimes of Infringing on Citizens' Personal Rights and Democratic Rights), Chapter 5 (Crimes of Violating Property), or Chapter 6 (Crimes of Obstructing the Order of Social Management) of the Criminal Law, and may be sentenced to up to one year imprisonment, and meet the requirements for prosecution;
(3) A sentence of up to one year imprisonment might be given;
(4) Meet the requirements for initiating a lawsuit;
(5) Expressions of remorse;
5. The enterprises involved in the case are not prosecuted for compliance
Article 14 of the "Guiding Opinions on the Guiding Opinions on Third-Party Oversight and Assessment Mechanisms for the Compliance of Enterprises Involved in Cases (Provisional)":
"In the course of handling cases of crimes involving enterprises, people's procuratorates shall make compliance materials such as written reports on compliance inspections of third-party organizations, compliance plans for enterprises involved in cases, and periodic written reports an important consideration in making decisions such as approving or not approving arrest, prosecution, or non-prosecution, and whether to modify compulsory measures, and submitting sentencing recommendations, procuratorial recommendations, and procuratorial opinions. ”
VI. Non-prosecution for suspected crimes of telecommunications network fraud
Article 16 of the Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security's "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases such as Telecommunications Network Fraud (II)":
"The criminal policy of blending leniency and severity shall be fully implemented in handling cases of telecommunications network fraud. In the course of investigation, review for prosecution, and trial, evidence shall be comprehensively collected, and the criminal suspect's or defendant's hierarchical status and role in the joint crime shall be accurately screened, and their attitude toward admitting guilt and expression of remorse shall be considered to be treated differently, with a combination of leniency and severity, and scientific sentencing, to ensure that punishment is appropriate for their crimes. ”
"Accomplices in telecommunications network fraud criminal groups or criminal gangs, especially those who have participated for a relatively short period of time, have a relatively low amount of fraud, or are engaged in auxiliary work and receive a small amount of compensation, as well as first-time offenders, occasional offenders, minors, school students, and so forth, shall comprehensively consider circumstances such as their status and role in the joint crime, the degree of harm to society, subjective malice, personal dangerousness, and expressions of admitting guilt and remorse, and may give a mitigated or commuted punishment in accordance with law. Where the circumstances of the crime are minor, criminal punishment may not be prosecuted or waived in accordance with law; ”
7. Non-prosecution for suspected crimes of aiding trust
Article 15 of the Supreme People's Court and Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases such as Illegal Use of Information Networks and Aiding Criminal Activities on Information Networks":
"Comprehensively considering circumstances such as the degree of harm to society, admitting guilt and remorse, and finding that the circumstances of the crime are minor, prosecution may not be waived or criminal punishment may be waived; ”
8. Not prosecuted for the crime of covering up or concealing criminal proceeds
Article 2 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in Criminal Cases of Covering Up or Concealing Criminal Proceeds or the Proceeds of Criminal Proceeds":
"Where the conduct of covering up or concealing criminal proceeds and the proceeds thereof meets the requirements of article 1 of this interpretation, and they admit guilt, repent, and return stolen goods or restitution, and in any of the following circumstances, it may be found that the circumstances of the crime are minor and criminal punishment is waived:
(1) There are legally-prescribed circumstances for lenient punishment;
(2) Covering up or concealing criminal proceeds and the proceeds thereof for close relatives, and being a first-time offender or occasional offender;
(3) There are other circumstances where the circumstances are minor. ”
9. No prosecution for suspected online gambling crimes
Article 7 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Law in Handling Cases of Using Gambling Machines to Open Casinos:
"On the grasp of the criminal policy of blending leniency and severity. In handling cases of using gambling machines to open casinos, the criminal policy of blending leniency and severity shall be implemented, with emphasis on cracking down on casino funders and operators. Persons who are hired to engage in activities such as transporting gambling participants, watching the wind, dealing cards and sitting in the bank, exchanging chips and other activities for the casino, except for those who participate in the profit sharing of the casino or receive a high fixed salary, are generally not investigated for criminal responsibility, and may be punished by the public security organs in accordance with the law. Entertainment activities that set up game consoles and exchange a small amount of prizes at a time are not to be punished as violations or crimes. ”
10. Non-prosecution for suspected crimes of obstructing credit card management
Supreme People's Court and Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstruction of Credit Card Management":
"Where the amount of malicious overdraft is relatively large and is returned in full before the indictment is initiated, or there are other minor circumstances, criminal punishment may be waived if it is returned in full before the first-instance judgment or there are other minor circumstances. However, there is an exception for those who have been punished more than twice for credit card fraud. ”
11. No prosecution for suspected illegal fundraising
Article 6 of the Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security's "Opinions on Several Issues Concerning the Handling of Criminal Cases of Illegal Fundraising":
"On the issue of the grasp of the criminal policy of blending leniency and severity. In handling criminal cases of illegal fundraising, the criminal policy of blending leniency and severity shall be implemented, the scope of criminal responsibility pursued shall be reasonably grasped in accordance with law, and criminal and administrative means shall be comprehensively used to handle and resolve risks, so that the minority is punished and the majority is saved through education. Based on the perpetrator's objective conduct, subjective malice, and the circumstances of the crime, as well as their status, role, level, position, and other circumstances, a comprehensive judgment should be made of the severity of the perpetrator's responsibility and the necessity of criminal pursuit, and the persons involved in the case should be handled by category in accordance with the principle of differentiated treatment, so that the punishment is appropriate to the crime and the punishment is commensurate with the crime. ”
"Where persons involved in the case actively cooperate with the investigation, voluntarily return stolen goods and make restitution, or sincerely admit guilt and repentance, they may be given a lighter punishment in accordance with law; ”
Transferred from the official account of Case Handling Daquan