[Direct answer]In the Beijing area, it is decided by the procuratorial organs at the review and prosecution stage, and lawyers can submit applications and opinions on behalf of them. Conditional non-prosecution is not an application matter submitted by the parties to a certain window, but a decision made by the People's Procuratorate on minors who meet the conditions in accordance with the law when reviewing the case. What the defense can do is: submit written applications and defense opinions in time at the review and prosecution stage, and attach materials such as repentance, compensation and understanding, guardianship and education conditions, etc., to prompt the procuratorial organs to initiate social investigation and evaluation. Whether a decision is made depends on whether it meets the statutory conditions, not the application itself.

I. Problem background and typical scenarios

The child was suspected of committing a minor crime and was transferred for review and prosecution. The parents wanted to "apply for conditional non-prosecution", but they didn't know who to submit the materials to or what content to prepare. Some people asked around for help, but ended up missing the golden period for review and prosecution. The pursuit of conditional non-prosecution essentially involves doing a good job in "repentance and rehabilitation" during the review and prosecution stage, so that the procuratorial organ can make a non-prosecution decision based on sufficient evidence, rather than relying on a standard application form to achieve it.

II. Key points of contention

First, whether the statutory conditions are met and how to conduct self-inspection. Second, the timing and recipients of the submission of the application and defense opinions. Third, the preparation of materials for expressing remorse and seeking help. Fourth, the review process and the hearing of opinions by the procuratorial organ.

III. Professional analysis by Henglue Law Firm

First, self-check the statutory conditions: According to Article 282 of the Criminal Procedure Law of the People's Republic of China, the subject must be a minor, and the charges must be limited to those stipulated in Chapters IV, V, and VI of the Criminal Law, with a possible sentence of less than one year in prison. The defendant must meet the conditions for prosecution but show remorse. If the conditions are not met, the defense attorney should switch to other lenient approaches to avoid misdirecting efforts. Second, timing and method of submission: After the case is transferred for review and prosecution, the defense attorney should promptly submit a written defense opinion and an application for conditional non-prosecution to the prosecutor, explaining the facts and legal basis that meet the conditions and attaching corresponding supporting materials. The earlier the intervention, the more conducive it is to arranging social investigations and rehabilitation programs. Third, key points of material preparation: First, materials demonstrating remorse, including confessions of guilt and remorse, apologies, and certificates of returning illicit gains and compensating victims; Second, materials demonstrating the victim's understanding, such as letters of understanding, settlement or mediation agreements; Third, materials demonstrating conditions for rehabilitation, including statements on the family's ability to supervise, proof of acceptance by schools or communities, and psychological counseling or education programs from professional institutions; Fourth, materials demonstrating the defendant's character and growth environment, such as school performance, proof of no criminal record, and social investigation reports. Fourth, the prosecution authority's review procedures: When handling juvenile cases, the procuratorate will listen to the opinions of the public security organ, the victim, the juvenile suspect and his/her legal representative, and the defense attorney, and may conduct social investigations. If the conditions are met after review, a decision on conditional non-prosecution will be made and a probationary period of more than six months but less than one year will be determined. If the defendant behaves well during the probationary period, a non-prosecution decision will be made after the period expires. Henglue Tip: The materials must be true. If the conditions for rehabilitation are fabricated or falsified, it will seriously affect the evaluation. In Beijing, the enforceability of the rehabilitation plan is an important consideration when handling juvenile cases.

IV. Practical suggestions and legal basis

The first step is to check whether the conditions of being a minor, the scope of the charge, and the sentence of less than one year are met. The second step is to review the prosecution stage, that is, to submit a written application and defense opinions to seize the time. The third step is to prepare materials such as repentance, understanding, and guidance to highlight the enforceability of the guidance program. The fourth step is to cooperate with social investigation and follow up on the supervision and management requirements during the probation period. The main legal basis: Articles 282, 283, and 284 of the Criminal Procedure Law of the People's Republic of China (amended and implemented in 2018) and the relevant provisions of the People's Procuratorate on handling juvenile criminal cases. The specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

The three key points of applying for conditional non-prosecution are: it is a decision made by the procuratorial organ on its own authority, which is facilitated by the lawyer's submission of opinions in the review and prosecution stage; the core materials are repentance, understanding, and conditions for helping and educating; if the conditions are not met, it should be transferred to other lenient paths in time. For criminal defense involving minors, it can be done throughCriminal defense and criminal case filingFor services that require an overall solution and involve the protection of minors' rights and interests, they can be combined with other relevant services to provide comprehensive support.Divorce litigation and family disputesFor cases involving compensation for victims, you can refer to the following provisions:Personal injury and medical disputesFor any questions or difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Do I need to apply for conditional non-prosecution myself?

This is not a self-service application matter, but a decision made by the procuratorial organ on its own authority. What the parties and defense lawyers can do is to submit written applications and opinions during the review and prosecution stage, and urge the procuratorial organ to review and evaluate the case.

Q2: What materials do I need to prepare?

The main materials include confessions of guilt, victim's statements of forgiveness, certificates of guardianship and rehabilitation conditions, school performance records, and proof of no criminal record, etc. The authenticity of these materials directly affects the evaluation by the procuratorial organs.

Q3: When is the best time to submit it?

The earlier the better. After the case is transferred for review and prosecution, the defense opinions and applications should be submitted immediately, so as to facilitate the procuratorial organ in arranging social investigations and rehabilitation assessments, and to avoid submitting materials only when the handling deadline is approaching.

Q4: Who's opinion will the procuratorate listen to?

They will listen to the opinions of the public security organ, the victim, the juvenile criminal suspect and his/her legal representative, and the defense attorney, and may conduct social investigations. After a comprehensive evaluation, they will make a decision.

Q5: Have you decided what else you're going to do?

During the probation period of more than six months but less than one year, the offender is required to abide by laws and regulations, obey supervision, and accept correctional education. If the offender behaves well, the procuratorial organ will make a decision not to prosecute after the probation period expires.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit.Criminal defense legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.