Prosecution And Criminal Compensation

The system of not to initiate a prosecution is defined in Criminal Procedure Law of the People's Republic of China. A good many of not to initiate a prosecution cases were successfully handled what have achieved better legal effect and social effect, but there is baffled problem of the criminal compensation, which were found in the judicial practice in many years.Not to initiate a prosecution is a handled decision that is made by the procuratorates organ on the cases that have been transferred with recommendation to initiate a prosecution after conclusion of investigation and that is not deemed a crime for the criminal suspect, or shall not be investigated for criminal responsibility according to law; or with respect to a case that is minor and the offender need not be given criminal punishment or need be exempted from it according to the criminal law; or with respect to a case for which supplementary investigation has been conducted ,is deemed that the evident is insufficient and the case does not meet the conditions for initiation of a prosecution, therefore don't transfer the suspect to the People Court. Not to initiate a prosecution classify three kinds of absolute one, relative one and doubt one, they have effect power to end procedure of public prosecution and don't have effect power to be found guilty. The procuratorates organ apply to not to initiate a prosecution according to provided by law strictly so as to cut back thecriminal compensation as possible as, the case which shall compensate must be given according law. The criminal compensation problem in doubt of not to initiate a prosecution is one of a Gordian knot on judicial practice , mainly due to ambiguity in definition of the state compensation law, but it must compensate according to law in legislation conducted aim.To solve the criminal compensation on not to initiate a prosecution of doubt , the state compensation law shall be revised and must be definite the provide to meet the conditions for initiation of a prosecution of doubt, which must abolish the confirm procedure of censorship, legislation conducted aim which must compensate for all the cases of not to initiate a prosecution must be accomplish gradually on basis of controlling custody measure strictly.