Non prosecution is a decision made by the procuratorate in the process of reviewing and prosecuting a case before it is prosecuted to the court, without the need for the court to deal with it. In some cases, after the court made a decision allowing the procuratorate to withdraw the prosecution, the procuratorate made a decision not to prosecute, which has nothing to do with the court. According to Article 142 of the Criminal Procedure Law of the People's Republic of China, the People's Procuratorate shall make a decision not to initiate a prosecution if the criminal suspect has any of the circumstances specified in Article 15 of this Law. 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.
 Legal basis
 Article 142 of the Criminal Procedure Law of the People's Republic of China shall check the sealed up and distrained property and documents together with the witnesses and the holders of the sealed up and distrained property and documents. A list shall be made on the spot in duplicate, signed or sealed by the investigators, witnesses and holders. One copy shall be given to the holder, and the other copy shall be attached to the file for future reference.