[Case Summary]This case involves a non-prosecution defense during the review and prosecution stage of a theft crime. From November 4 to December 9, 2024, Wang * stole ten items of goods on sale from a supermarket in Chaoyang District, with a total value of over 2,000 yuan; on December 18, he voluntarily appeared at the police station after being notified by phone, and was detained on the same day; he was released on bail on January 7, 2025. After the case was transferred for prosecution, Wang * hired Beijing Henglu Law Firm to represent him.Liu LiqiangDefence by the lawyer. The lawyer put forward such circumstances as voluntary surrender, repaying 3,656.75 yuan before the crime occurred (identified as theft of 3,228.07 yuan), admitting guilt and accepting punishment, and the crime having minor circumstances and little harm to society, and recommended that no prosecution be initiated. In 2025, the procuratorate issued a "Non-Prosecution Decision", deciding not to prosecute in accordance with Article 37 and Paragraph 3 of Article 67 of the Criminal Law, and Article 15 and Paragraph 2 of Article 177 of the Criminal Procedure Law. The core controversy is whether multiple thefts with small amounts and minor circumstances can lead to non-prosecution. Applicable legal provisions: Article 264, Article 37, and Article 67 of the Criminal Law of the People's Republic of China, and Article 15 and Paragraph 2 of Article 177 of the Criminal Procedure Law.

I. Review of the Case Facts

"Will prosecution not be initiated for multiple thefts involving small amounts?", "Can prosecution be waived if the suspect actively compensates for the losses after the theft?", and "Can prosecution be waived if the suspect surrenders himself, admits guilt, and accepts the punishment?" are frequently searched terms related to theft cases. From November 4 to December 9, 2024, Wang * stole 10 items on sale at a supermarket in Chaoyang District, with a total value of over 2,000 yuan. On December 18 of the same year, he voluntarily appeared at the police station after being notified by the police via phone. He was detained on the same day and released on bail the next day. On January 7, 2025, the procuratorate granted him bail. The case was investigated and concluded by the Chaoyang Branch of the Public Security Bureau and then transferred to the procuratorate for prosecution on suspicion of theft.

During the stage of transferring the case for review and prosecution, Wang * entrusted Henglue Law Firm to handle the case for him.Liu LiqiangThe lawyer acted as the defendant's attorney. Wang admitted that although the amount of money involved was small, he might be held accountable for multiple thefts, which made him feel worried. The lawyer reviewed the case file, listened to his statement, and proposed to reduce the punishment and recommend not to prosecute him.

II. The focus of the case

  • Focus 1: Can a person who commits multiple thefts but with small amounts not be prosecuted?If a person commits theft more than three times within two years, it constitutes "repeated theft", but the total amount is small and the circumstances are minor. How should this be handled?
  • Focus II: The determination of voluntary surrender and restitution before the crime occurred.The phone notification asks whether voluntarily appearing before the court constitutes a surrender, and how to evaluate the act of returning the stolen money before reporting the case.
  • Focus Three: The application of the policies of pleading guilty and accepting punishment, and of taking a cautious approach to arrests, prosecutions, and detentions.Can the comprehensive circumstances of the case lead to a decision not to prosecute in accordance with Article 177, Paragraph 2 of the Criminal Procedure Law?

III. Professional intervention by Hengluo Lawyers

The suspect (Wang *), claimed that:The amount involved in the case is relatively small, and there are concerns about being held accountable for multiple thefts. He hopes to secure a non-prosecution and reform himself.

The position of the prosecution (prosecutorial organ):Review and transfer the case for prosecution on the suspicion of theft, focusing on the number of thefts, the amount involved, and the circumstances of the crime.

Hengluo Lawyer's Representation Opinion:Liu LiqiangThe lawyer argued that:

  • There are circumstances of voluntary surrender: on December 18, 2024, he actively surrendered to the police after being notified by phone and made a full and truthful confession, so his punishment should be mitigated
  • Active compensation before the incident: On December 10, 2024, the victim scanned the QR code and was compensated 3,656.75 yuan (with the amount of the theft determined to be 3,228.07 yuan). All the compensation was refunded before the victim reported the case, so the offender could be given a light punishment
  • Voluntary confession and plea bargaining: After appearing in court, if the defendant truthfully confesses and voluntarily pleads guilty and accepts the punishment, he/she shall be given a light punishment
  • The crime is minor and poses little social harm: the total amount is relatively small, it involves food products, and the defendant has no criminal record. Combined with the background of depression, it is recommended not to prosecute according to the principle of "less arrest, cautious prosecution, and cautious detention"

IV. Outcome of the case

After comprehensively reviewing the case files, evidence, and the lawyer's defense opinions, the procuratorate fully adopted the core viewpoints and issued the "Decision on Non-Prosecution" in 2025. It was determined that although Wang * committed theft, given the minor nature of the crime, his voluntary surrender and truthful confession, his voluntary admission of guilt and punishment, and his compensation for the losses of the victim and obtaining their forgiveness, he did not need to be sentenced to criminal punishment according to law. In accordance with Article 37 and Article 67 Paragraph 3 of the Criminal Law, and Article 15 and Article 177 Paragraph 2 of the Criminal Procedure Law, it was decided not to prosecute Wang *. The party concerned was not held criminally liable, not sentenced to criminal punishment, and no criminal record was left.

5. Henglu Law Firm's Reminder

The investigation and review of criminal cases and the prosecution stage are the best times for lawyers to get involved. If lawyers intervene at this stage, they may help clients obtain bail pending trial or avoid prosecution. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe lawyer (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acted as the agent. The lawyer helped the client avoid prosecution by taking the initiative to make restitution, admit guilt, and accept the punishment.

VI. Common Questions About Non-Prosecution of Theft Crimes FAQ

  1. Q: If someone commits multiple thefts but the amount involved is small, will they not be prosecuted?
    A:Although committing three or more thefts within two years constitutes "repeated thefts", if the total amount is small, the circumstances are minor, and the suspect voluntarily surrenders himself, makes restitution, admits his guilt, and accepts the punishment, he may be exempt from prosecution in accordance with Article 177 Paragraph 2 of the Criminal Procedure Law. This is the case in the present instance.
  2. Q: If someone actively compensates for the losses after committing theft, can they avoid being prosecuted?
    A:Before the incident, actively compensating for the losses and obtaining the victim's forgiveness are important mitigating circumstances. Combined with other circumstances, it is possible to strive for non-prosecution.
  3. Q: Can a person who surrenders himself/herself, admits his/her guilt, and accepts the punishment avoid being prosecuted?
    A:If a suspect voluntarily surrenders to the police, truthfully confesses the crime, and admits his guilt and accepts the punishment, and the circumstances of the case are minor, he may be eligible for a conditional non-prosecution.
  4. Q: Will there be a criminal record if I'm not prosecuted?
    A:Relatively speaking, the non-prosecution means that the person involved in the case will not be held criminally responsible or sentenced to punishment, and will not have a criminal record. In this case, the rights and interests of the parties involved have been completely resolved.
  5. Q: If I'm caught stealing from a supermarket and the police call me to report it, does that count as voluntarily surrendering to the authorities?
    A:If the suspect actively surrenders to the police and fully confesses the truth after being notified by the police on the phone, he/she can be identified as a voluntary surrender and will be given a lighter punishment according to law.