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If the crime is minor, is there a case for not prosecuting

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If the crime is minor, is there a case for not prosecuting


        

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  • 2024-06-06 07:00:48

    If the circumstances of the crime are minor, there will be no prosecution. The bottom of a case generally refers to the record of a person's past crime or criminal behavior. Also known as the criminal record system of criminals, it generally refers to the file records with criminal record in our laws, and the criminal files are generally stored in the public security department and relevant state organs.

    Under any of the following circumstances, criminal responsibility shall not be investigated; if the case has already been investigated, the case shall be dismissed, or no prosecution shall be initiated, or the trial shall be terminated, or innocence shall be declared:

    (1) If the circumstances are obviously minor and the harm is not serious, it is not considered a crime;

    (2) The limitation period for prosecution has expired;

    (3) Exempted from punishment by a special amnesty order;

    (4) A crime that is dealt with only after being told in accordance with the Criminal Law has not been told or has been withdrawn;

    (5) The criminal suspect or defendant dies;

    (6) Other laws provide for exemption from investigation of criminal responsibility.

    [Legal Basis]

    In Article 177 of the Criminal Procedure Law of the People's Republic of China, if the criminal suspect has no criminal facts or has one of the circumstances specified in Article 16 of this Law, the People's Procuratorate shall make a decision not to initiate a prosecution.

    If the circumstances of a crime are minor and it is not necessary to impose criminal punishment or exempt from criminal punishment according to the Criminal Law, the People's Procuratorate may decide not to initiate a prosecution.

    If the People's Procuratorate decides not to prosecute a case, it shall at the same time remove the sealing up, distraining or freezing of the property seized, distrained or frozen during the investigation. If the person who is not prosecuted needs to be given administrative punishment or punishment or his illegal gains need to be confiscated, the People's Procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authority for handling. The competent authorities concerned shall promptly notify the People's Procuratorate of the results of their handling.

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    2024-06-06 07:00:48

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