On The Factors Affecting The Procuratorial Organs’ Decision To Not Prosecute

After examining the cases transferred for review and prosecution,the Prosecutors Office shall,based on facts and take law as the criterion,fairly make the decision of prosecution,non-prosecution or return to supplementary investigation.However,in judicial practice,Prosecutors Office are affected by various factors.For the cases that can be sued or can not be sued,they tend to institute public prosecution rather than dare to apply relative non-prosecution.For the cases that lack of evidence and do not correspond with the conditions of prosecution,it is not uncommon to sue with illness.For the cases that should be applicable to statutory non-prosecution,relative non-prosecution is applied.For the cases that should be applicable to statutory non-prosecution or relative non-prosecution,conditional non-prosecution is applied.The existence of these phenomena not only leads to the unfair implementation of the law and the violation of the lawful rights and interests of criminal suspects,but also to the failure to implement the criminal policy of leniency and severity.Studying the factors that affect the decision of non-prosecution by the Prosecutors Office will help protect the Prosecutors Office from improper factors inside and outside the case,perform its duties according to law,and to ensure the case can be handled fairly.Thus,to protect the lawful rights and interests of criminal suspects and implement the criminal policy of leniency and severity.In addition to the introduction,the text is divided into three parts,and the full text is about 34,000 words.The first part discusses the factors that the procuratorate should consider when making a non-prosecution decision.Procuratorial organs,as national legal supervision organs and public prosecution organs,exercise the procuratorial power on behalf of the state.After reviewing the case,they should strictly observe the rules of professional ethics of prosecutors in accordance with the principle of "based on facts and based on the law".The criminal policy of leniency and severity provides a fair treatment of cases.During the process of reviewing a case,the procuratorial organ should find out the facts of the case,focus on evidence,and focus on investigation and research,rather than determine the case by individual subjective measures.In theprocess of applying the law,the procuratorial organs should flexibly use the law instead of mechanically applicable texts.At the same time,they should also pay attention to the procedures for making non-prosecution decisions that must comply with the law.In addition to corresponding professional knowledge and skills,prosecutors should also have corresponding professional ethics and ethics,exercise corresponding powers,and make impartial decisions.The second part examines the factors that are actually considered by the procuratorate in making a decision not to prosecute.In judicial practice,the procuratorate often considers the relationship with the Public Security too much.Those cases which should be prosecuted that be relatively non-prosecuted,and makes other non-prosecution decisions in cases that should be statutory non-prosecution,or the process of returning supplementary investigations in doubt cannot supervise and restrict Public Security.The assessment mechanism also had a negative impact on the correct application of non-prosecution by the Prosecutors Office.The quality standards of prosecution by the Prosecutors Office identified statutory non-prosecution after arrest as a case of wrongful arrest and identified relative non-prosecution and suspicious prosecution after arrest as flawed in the quality of arrest.In this case,the Prosecutors Office will give priority to those which can be sued or not sued cases prosecution,and will give priority to relatively non-prosecution or no suspense non-prosecution if statutory non-prosecution is required.Prosecutors Office have provided a cumbersome handling mechanism for non-prosecution cases.Generally,they must follow the procedures of the organizer’s submission of opinions,review by department heads,examination and approval of the chief procurator,discussion and decision of the procuratorial committee,and filing with the higher level Prosecutors Office(official crime cases must be approved by the higher level Prosecutors Office).Under the burden of heavy cases,prosecutors are the most efficient choice to prosecute cases that can be prosecuted or not.In order to avoid the pressure of petitioning,the Prosecutors Office will also make prosecution decisions on cases that can be sued or not,and even on prosecution cases that should be statutory non-prosecution.The existence of all these factors will inevitably affect the correct decision of the Prosecutors Office.The third part analyzes the reasons for the negative factors that affect the decision of the procuratorate not to prosecute.Affected by the one-sided emphasis on cracking down on crime,the criminal conviction and punishment of criminal suspectsare considered to be crime cracking down and justice is upheld,and the decision not to prosecute is considered to be weak crackdown and indulgence.The three organs of the Public Prosecution Law focused on cooperation and light restraint,which resulted in the procuratorial organ being reduced to an auxiliary organ of the investigating organ,while the court regarded itself as an organ that cracked down on crime.There are problems with the procedures,methods,and evaluation indicators of the procuratorial business evaluation mechanism.The utilitarian nature of the evaluation mechanism also affects the procuratorial organs in making fair decisions.The administrative and cumbersome three-level approval system has made prosecutors discourage in the process of reviewing cases.These factors affect the independent exercise of the powers of the prosecutor and the impartial decision-making according to law.The fourth part discusses how to ensure that procuratorates make non-prosecution decisions in accordance with law.Firstly,from a conceptual point of view,the Prosecutors Office should act strictly in accordance with the law to avoid factors outside the case that affect the Prosecutors Offices’ decisions.Secondly,the Prosecutors Office should properly handle the relations with Public Security,dare to supervise and be good at supervision,and should not relocate to Public Security.Thirdly,the Prosecutors Office should abolish the unreasonable assessment indicators to prevent the Prosecutors Office from correctly applying non-prosecution and suffering adverse consequences.Finally,the Prosecutors Office should improve their working mechanisms to prevent prosecutors from making correct non-prosecution decisions because of the tedious process of handling cases.In addition,the prosecutor’s professional security mechanism should be improved to ensure that prosecutors better perform their duties from the three aspects of material,power,status,and exercise their procuratorial power independently and impartially in accordance with the law.