The Deferred Prosecution Research

Deferred prosecution or suspension of prosecution refers to a procedure by which prosecution may discretionarily decide to suspend the decision of initiating prosecution against certain suspects in case it is unnecessary to prosecute according to the character, age and environment of an offender, the weight and conditions of an offense as well as the circumstances. It is deeply rooted and widely applied in the legal of Japan, Germany, Denmark and many other jurisdictions. The concept behind suspension of prosecution is to rehabilitate situational suspects, the special prevention of crime.This project mainly consists of four parts.part 1 gives a brief outline of prosecution. Part 2 describes the situation that how deferred prosecution is operated in foreign jurisdictions such as Japan, Germany, America and Denmark. Part 3 makes a comprehensive review of the practice of deferred prosecution which is currently operated on an experimental basis in some areas of China. Part 4 discusses the practice of deferred prosecution on minors in Taiwan and dalu procuratorate.It also analyses the conflicts existing between this ideal institutionalization and current legislation and tries to find a way out for the further revisions of the criminal procedure law in China.