On The Scope Of Conditional Non-prosecution

Conditional non-prosecution system has been written in, but also provides a relatively broad scope, which is the broadest in Japan. The advantage of this system is that you can be balanced, and therefore favored by many law experts and scholars, called for the introduction of the system of criminal justice process, China’s new Code of Criminal Procedure establishes the conditional non-prosecution system, but the scope of its provisions limited to minors, very narrow, did not like the majority of our scholars’ proposals for "may be sentenced to three years in prison following penalty suspects." Because of the scope too limited, conditional non-prosecution system can not achieve the desired social effects. This overly conservative design, not only limits the economic advantages of the proceedings, but can not show the program hierarchy.Conditional non-prosecution system was originally designed entirely out of consideration for minors, but also consider the procedural issues the prosecution, therefore, China’s "Code of Criminal Procedure" has been the scope of passive follow minors. But legislators should have a more long-term vision and reality, and actively study abroad conditional non-prosecution system design for background factors and conditions, combined with China’s judicial practice in our country on the basis of the existing Code of Criminal Procedure, reconstruct and improve conditional non-prosecution system. In recent years, China’s rising crime rate, a variety of new emerging complex crime, juvenile crime and recidivism rates are also rising, in which case the burden is too heavy Court of Justice itself is a serious lack of resources, judicial staff pressure is relatively large, the program starts streaming has become an inevitable trend. At the prosecution stage, conditional non-prosecution system has been part of the criminal case screening procedure, skip the subsequent trial, imprisonment and other sectors, and improve the efficiency of judicial resources, and the need for the unit in the process of fulfilling the conditions of the suspects in the burden, schools and other non-judicial bodies to participate and make full use of judicial resources and other community resources. Conditional non-prosecution system not only allows the offender without leaving a criminal record, but also taking into account the interests of the victims。Conditional non-prosecution system design is "non-punitive" and "restorative justice" and other penalties consistent philosophy, the system should be expanded in the legislative and judicial practice range and apply. I recommend not to prosecute should be attached to the system to expand the scope of the "may be sentenced to three years in prison following the penalty," the suspect, not the identity of the subject or do too many restrictions on the type of crime, but prosecutors in deciding where applicable should consider other factors, such as whether it is a first offense, whether for negligence committed, whether penitential attitude and so on. Light to expand the scope of conditional non-prosecution is not enough, but also to further improve the relevant legal procedures, ancillary, thus achieving social effects and legal effect.