In 8 years, procuratorial organs conditionally did not prosecute more than 46,000 people
Our newspaper, Beijing, March 3, reporter Zhou Bin learned from the Supreme People’s Procuratorate today that since 2013, the cumulative number of non-prosecution conditions applied by procuratorial organs across the country has reached more than 46,000.
Conditional non-prosecution is a special procedural system established in the special chapter "Procedures for Juvenile Criminal Cases" of the Criminal Procedure Law revised in 2012, that is, criminals suspected of infringing the personal rights of citizens, democratic rights, and property crimes against minors. , The crime of disrupting the order of social management may be sentenced to less than one year’s imprisonment, and meets the conditions for prosecution, but the procuratorial organ may make a conditional decision not to prosecute if it meets the conditions for prosecution but shows repentance.
In recent years, procuratorial organs have actively applied conditional non-prosecution to eligible minors involved in crimes, and the number of applications has increased year by year.
From 2015 to 2019, the applicable numbers were 3779, 4455, 5681, 6624, and 7463, respectively; the applicable rate rose from 6.04% to 12.51%.
Since 2020, the Supreme People’s Procuratorate has instructed local procuratorial organs to adhere to the principle of applying the best use in accordance with the law. In the first 11 months, they decided not to prosecute 9401 people conditionally against minors, with an application rate of 19.9%.
At the same time, the number of people prosecuted for violating relevant regulations or re-offending during the conditional non-prosecution test has remained at a low level. From 2015 to 2019, they were 99, 141, 134, 183, and 233, respectively, and before 2020 There were 232 people in 11 months, and the percentage of the total number of conditional non-prosecutions basically remained between 2.3% and 3.2%.
At present, there are still many difficulties and problems in the application of conditional non-prosecution, including: the application conditions are not clear, the criminal procedure law “may be sentenced to less than one year imprisonment” is not accurate, and the general sentencing rules are mechanically applied, resulting in non-compliance. After the prosecution of adult crime-related cases, the ratio of penalties under the court’s sentence of one year’s imprisonment is relatively high; it is confused with related litigation procedures, and there are direct prosecutions for cases where conditional non-prosecution should apply, or direct prosecution for cases where conditional non-prosecution should apply. Circumstances of non-prosecution, etc.
Shi Weizhong, Director of the Ninth Procuratorate of the Supreme People’s Procuratorate, said that in the next step, procuratorial organs will further strengthen the work of conditional non-prosecution, accurately grasp the conditions for applying conditional non-prosecution, strictly regulate the application procedures, and promote the formalization and homogeneity of investigation reports. To further enhance the pertinence of the attached conditions; for cases that meet the conditional non-prosecution conditions, it is actively applied in accordance with the law, especially for relatively non-prosecution treatment or the court sentenced to imprisonment of one year or less for minor crimes. Wherever possible, strengthen follow-up guidance, increase application efforts, and safeguard the legitimate rights and interests of minors.
The Supreme People’s Procuratorate today also issued a guiding case for conditional non-prosecution of minors involved in crimes.