Paragraph 4 of Article 171 of the Criminal Procedure Law stipulates that the People's Procuratorate shall make a decision not to initiate a prosecution if it still believes that the evidence for the second supplementary investigation is insufficient and does not meet the conditions for prosecution. This provision includes two conditions:
 (1) The case has gone through supplementary investigation. This is the timing control of the decision not to prosecute after supplementary investigation of the case, and it is also the procedural condition for making the decision. Generally speaking, it is considered that the prosecution conditions are not met without further collection of evidence.
 (2) The evidence is insufficient and does not meet the conditions for prosecution. This means that the evidence is not enough to fully prove the crime of the criminal suspect, so that even if the public prosecution is initiated, the court will probably acquit the defendant after hearing. If the People's Procuratorate decides not to prosecute a criminal suspect under such circumstances, it must meet both of the above conditions. According to the provisions of Article 286 of the Rules of the Supreme People's Procuratorate, there are the following situations
 1、 If it is not determined that the criminal suspect constitutes a crime and needs to be investigated for criminal responsibility, the evidence is insufficient and the prosecution conditions are not met:
 (1) The evidence on which the conviction is based is questionable and cannot be verified;
 (2) The facts of the constitutive elements of a crime are lack of necessary evidence to prove;
 (3) The contradiction between the evidences on which the conviction is based cannot be reasonably excluded;
 (4) The conclusion based on the evidence has other possibilities.