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For the purposes of exercising the non-prosecution (nolle prosequi) power and ensuring the quality of handling of non-prosecution cases, these Standards are formulated in accordance with the Criminal Law of the People's Republic of China, Criminal Procedural Law of the People's Republic of China and the Criminal Litigation Rules for People's Procuratorates, taking into consideration the actual circumstances of the procuratorates. I. THE STANDARDS ON THE QUALITY OF HANDLING NON-PROSECUTION CASES 1. The standards on the quality of a case for which a non-prosecution decision is made under Paragraph 4 of Article 140 of the Criminal Procedural Law A people's procuratorate may, upon supplemental investigation and upon discussion of the prosecutorial commission, make a non-prosecution decision under any of the following circumstances: (1)There are doubts about the evidences on which the conviction is based and it is unable to verify them; (2)The essential elements of a crime cannot be supported by sufficient proofs; (3)The paradox among the proofs on which the conviction of crime is based cannot be eliminated reasonably; or (4)The proofs possibly lead to other conclusions. ¡¡¡¡ 2. The standards on the quality of a case for which a non-prosecution decision is made pursuant to Paragraph 1 of Article 142 of the Criminal Procedural Law A people's procuratorate shall, under any of the 6 circumstances provided for in Article 15 of the Criminal Procedural Law, make a non-prosecution decision upon decision of the chief procurator: (1) If an act is obviously lenient, causing no serious harm, and is therefore not deemed to constitute any crime; (2) If the time limit for criminal prosecution has expired; (3)If an exemption of criminal punishment has been granted in a special amnesty decree; (4) If the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint has been withdrawn; (5) If the criminal suspect or defendant is deceased; or (6) If other laws provide for an exemption from investigation of criminal responsibility. With regard to a case where the criminal suspect has not committed any illegal or criminal act or the crime is not committed by the criminal suspect, the people's procuratorate shall offer a written explanation and remand the case to the investigation organ for revoking or reinvestigating the case. If the investigation organ insisted on transferring the case to the people's procuratorate, which may, upon decision of the chief prosecutor, make a decision of non-prosecution in accordance with Paragraph 1 of Article 142 of the Criminal Procedural Law. ¡¡ 3. The standards on the quality of a case for which a non-prosecution decision is made under Paragraph 2 of Article 142 of the Criminal Procedural Law If a case is lenient, and it is not necessary to impose upon the offender a criminal punishment or it is necessary to exempt him from criminal punishment according to the Criminal Law, the people's procuratorate may make a non-prosecution decision upon discussion of the prosecutorial commission. However, under any of the following circumstances, Paragraph 2 of Article 142 of the Criminal Procedural Law usually does not apply to the making of non-prosecution decision: (1)Committing a crime of endangering the national security; (2)One person has committed several crimes; (3)The criminal suspect has committed an escape, or committed any crime within 5 years after he is released upon completion of a sentence; (4)The criminal suspect is the principal offender in a joint crime, but the accessories have already been prosecuted or have already sentenced; (5)It is more proper to make the complicities prosecuted and tried together; (6)Forming a consensus among the offenders to shield each other, destroying evidence, evading or resisting the investigation after committing any crime; (7)The crime results in serious economic losses to the state or the collective or leads to severe political consequences; or (8)It is necessary for the people's procuratorate to initiate a collateral civil lawsuit. 4. Other quality standards (1)The procuratorate has jurisdiction over the case; (2)The persons who meet the requirements for disqualification shall disqualify themselves from the case in accordance with the law; (3)The application of mandatory measures is appropriate; (4)Having interrogated the criminal suspect and having heard the opinions of the victim, and the agent of the criminal suspect or victim; (5)Having ended the trial of case within the statutory time limit; (6)Being in line with other case-handling procedures provided in the laws and regulations£» (7)A non-prosecution case decided pursuant to Paragraph 4 of Article 140 and Paragraph 2 of Article 142 shall be reported to the people's procuratorate on the next higher level for archival purposes; (8)A non-prosecution decision shall be publicized and be served on the person who is to be prosecuted and his agent ad litem, the entity in which the person who is not to be prosecuted works, the victim and his close relative and his litigation agent, and the investigation organ. If the person in custody is not to be prosecuted, he shall be released immediately; (9)For a case for which the people's procuratorate makes a non-prosecution decision, if it is necessary to release the property detained or frozen during the course of investigation, a written notice shall be given to the organ that made the decision of detainment or freeze or to the organ executing the detainment or freeze decision to release the detained or frozen property; (10)If it is necessary to give an administrative punishment or sanction to the person who is to be prosecuted, or if it is necessary to confiscate the illegal proceeds of the aforesaid person, the written opinions of the people's procuratorate shall, along with the non-prosecution decision, be transferred to the competent organ; (11)If the investigation organ requests for reconsideration or review of the non-prosecution decision, or if the person who is not to be prosecuted, or if the victim decides to appeal because he refuses to accept the non-prosecution decision, the people's procuratorate shall timely review the case and shall make a decision within the statutory time limit; (12)After the people's procuratorate receives a notice of the people's court about the acceptance of the accusation brought by the victim against the person who is not to be prosecuted, it shall transfer to the people's court the materials of the case on which the non-prosecution decision is based; (13)If the people's procuratorate finds that the non-prosecution decision is wrong indeed, it shall revoke the non-prosecution decision and make corrections; and (14)The non-prosecution documents shall meet the relevant requirements. II. UNDER ANY OF THE FOLLOWING CIRCUMSTANCES, IT SHALL BE REGARDED AS A NON-PROSECUTION MISTAKE: (1)The people's procuratorate has no jurisdiction over the case; (2)The application of mandatory measures is improper and results in any serious consequences; (3)A non-prosecution decision is made for a case that does not meet the statutory requirements; (4)A non-prosecution decision is, according to Paragraph 4 of Article 140 and Paragraph 2 of Article 142 of the Criminal Procedural Law, made for a case where the criminal suspect has not committed any criminal act or the crime is not committed by the criminal suspect; (5)A non-prosecution decision is made, according to Paragraph 4 of Article 140 of the Criminal Procedural Law, for a case where the conviction evidence is certain and sufficient, and there are insufficient evidence for only determining what punishment to give or there are different opinions on determining the type of crime only; (6)The application of law is improper and the three conditions of non-prosecution of different nature are mixed up; (7)Bad consequences on society are caused by the non-prosecution case which does not meet these Standards; (8)Any severe consequences are caused due to failure to announce the non-prosecution decision, or failure to serve the non-prosecution decision on the person who is not to be prosecuted and the entity where he works, the victim or his close relative, or investigation organ, or failure to immediately release the person in custody who is not to be prosecuted; (9)For a case where the people's procuratorate makes a decision of non-prosecution and it is necessary to release the property detained or frozen during the course of investigation, the people's procuratorate fails to notify the relevant organ to release the detained or frozen property or it directly releases the detained or frozen property and any serious consequences have resulted; (10)After the people's procuratorate finds that a non-prosecution decision is wrong indeed, but it fails to make corrections; (11)Other circumstances in serious violation of law. ¡¡¡¡ III ANY OF THE FOLLOWING CASES SHALL BE DEEMED AS LOW QUALITY OF NON-PROSECUTION: (1)Failing to interrogate the criminal suspect or hear the opinions of the victim and agent of the suspect or victim pursuant to the law; (2)Failing to notify any party concerned of the matters that the people's procuratorate should have done in accordance with the Criminal Procedural Law; (3)Any person who should have disqualified himself from the case in accordance with the law fails to do so; (4)The statutory time limit has expired or any other statutory case handling procedure is violated, but which shall not be deemed as a serious mistake; (5)The application of any mandatory measure is improper, but the consequences are not gross; (6)No opinions on correcting any violation arising during the course of investigation are raised; (7)The people's procuratorate fails to put forward the prosecutorial opinions or written correction opinions; (8)Any legal document or working document does not meet the relevant requirements; (9)The people's procuratorate fails to report the case to the people's procuratorate on the next higher level for archival purposes; (10)The people's procuratorate fails to publicize the non-prosecution decision, fails to serve the non-prosecution decision on the person who is not to be prosecuted and the entity where he works, the agent of the person who is not to be prosecuted, the victim or his close relative and his agent ad litem, or the investigation organ, or fails to promptly release the person in custody who is not to be prosecuted, but no severe consequence is caused; (11) For a case where the people's procuratorate makes a decision of non-prosecution and it is necessary to release the property detained or frozen during the course of investigation, the people's procuratorate fails to notify the relevant organ to release the detained or frozen property or it has directly released the detained or frozen property, but no consequence has resulted; (12) It is necessary to give an administrative punishment or sanction to the person who is not to be prosecuted, or it is necessary to confiscate the illegal proceeds of the aforesaid person, but the people's procuratorate fails to raise any written prosecutorial opinions that shall be transferred to the relevant competent organ along with the non-prosecution decision or it has directly made a decision of administrative punishment, sanction or confiscation of illegal gains; (13)The investigation organ request for reconsideration or review of the non-prosecution decision or the person who is not to be prosecuted or the victim decides to appeal because he refuses to accept the non-prosecution decision, but the people's procuratorate fails to make a decision within the statutory time limit by reviewing it in a timely manner; (14)After the people's procuratorate receives a notice of the people's court about the acceptance of the action initiated by the victim or by the person who is not to be prosecuted, it fails to transfer to the people's court the materials of the case on which the non-prosecution is based; (15)Other cases that do not meet the statutory provisions, but which do not fall within the scope of serious mistakes. |
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