[Direct answer]There are mainly four types. Firstly, statutory non-prosecution. According to Article 177, Paragraph 1 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), if the suspect has no criminal facts, or meets one of the circumstances stipulated in Article 16 of the Law, the people's procuratorate shall make a decision of non-prosecution. Secondly, discretionary non-prosecution. According to Article 177, Paragraph 2, if the crime is minor and does not require or exempt from punishment according to the Criminal Law, the people's procuratorate may make a decision of non-prosecution. Thirdly, non-prosecution due to insufficient evidence. According to Article 175, Paragraph 4, if the people's procuratorate still considers the evidence insufficient and not meeting the conditions for prosecution after the second supplementary investigation, it shall make a decision of non-prosecution. Fourthly, conditional non-prosecution. According to Article 282, for minors who meet the conditions, a probationary period may be set, and a decision of non-prosecution may be made after the probationary period expires. After non-prosecution, the case will no longer proceed to trial, but the victim or the non-prosecuted person may apply for review or appeal according to law.

I. Problem Background and Typical Scenarios

Not prosecuting is an important outcome in the pre-trial stage and is also the most concerned result for many litigants and their families. In practice, statutory non-prosecution applies to cases where it is obvious that the defendant does not constitute a crime or is not subject to criminal responsibility according to law; discretionary non-prosecution is more common in misdemeanor cases, taking into account factors such as the defendant's admission of guilt and punishment, restitution and apology, and first-time or occasional offenses; and non-prosecution due to insufficient evidence depends on whether the chain of evidence meets the standard for prosecution. When handling criminal cases in the Beijing area, the procuratorial organs will comprehensively review the nature of the case, the circumstances of the case, and the social danger of the case.

II. Key points of contention

There are four controversial points that need to be clarified: Firstly, the application conditions and decision-making bodies for the four types of non-prosecution are different. Statutory non-prosecution and non-prosecution due to insufficient evidence are mandatory, while discretionary non-prosecution is optional. Secondly, whether discretionary non-prosecution requires the defendant to plead guilty and accept the punishment as a precondition. In practice, it is usually combined with pleading guilty and accepting the punishment, as well as restitution and understanding. Thirdly, non-prosecution due to insufficient evidence requires a supplementary investigation procedure, which takes a long time. Fourthly, conditional non-prosecution only applies to minors who meet the conditions. The parties and their attorneys should choose the direction of defense based on the circumstances of the case.

III. Professional analysis by Henglue Lawyers

When attempting to secure a non-prosecution decision, Henglue Lawyers typically focus on three key aspects. First, the factual and evidentiary line: They verify whether the evidence for conviction meets the standard of being both conclusive and sufficient, challenge the contradictions in testimonial evidence, question the qualifications and procedures of expert opinions, and investigate the source chain of physical and documentary evidence, thereby creating conditions for non-prosecution due to insufficient evidence. For defense strategies in such cases, you may refer to the following materials for reference:Criminal defense and criminal case filingService Introduction. Secondly, the plot line: Organize the plot elements such as voluntary surrender, meritorious service, confession, plea of guilty and punishment, restitution of illicit gains, victim's forgiveness, first-time offender, occasional offender, and accomplice status, collect written materials, and submit legal opinions at the review and prosecution stage to strive for a discretionary non-prosecution. Thirdly, the subject and legal application line: Review whether the behavior meets the constitutive elements of the crime, whether there are circumstances where the harm is obviously minor and not considered a crime, or where criminal responsibility should not be pursued according to law. It should be noted that whether a case can be non-prosecuted depends on the facts and evidence of the case, and neither party can make any promises. The value of defense lies in presenting all favorable facts and evidence to the procuratorial organ in a comprehensive manner.

IV. Practical suggestions and legal basis

Action suggestions: First, as soon as possible, entrust a lawyer to review the case file and submit written opinions during the review and prosecution stage; Second, organize and submit materials related to voluntary surrender and meritorious service, restitution and understanding, and guilty plea and sentencing; Third, raise specific questions about the flaws in the evidence rather than making general denials; Fourth, maintain standard communication with the handling prosecutor. For criminal defense cases, you can refer to the following materials for reference:Criminal defense and criminal case filingLegal basis: Articles 16, 175, and 177, and Article 282 of the Criminal Procedure Law of the People's Republic of China (amended in 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, statutory non-prosecution and non-prosecution due to insufficient evidence are mandatory non-prosecutions, while discretionary non-prosecution is optional. They are of different natures. Secondly, discretionary non-prosecution usually requires supporting circumstances such as admitting guilt and accepting punishment, as well as compensation and apologies. Thirdly, non-prosecution due to insufficient evidence requires supplementary investigation, which takes a longer period of time. Fourthly, the decision of non-prosecution is not final. If the victim disagrees with it, he/she can apply for reconsideration or appeal, and if necessary, enter the self-prosecution procedure. For the overall response to criminal cases, it can be handled throughCriminal defense and criminal case filingThe service is supported, and you can refer to it when handling difficult and complex casesSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: What are the different types of non-prosecution?

There are mainly four types: statutory non-prosecution, discretionary (relative) non-prosecution, non-prosecution due to insufficient evidence (doubtful evidence), and conditional non-prosecution applicable to eligible minors. The first three types are respectively aimed at situations where the defendant does not constitute a crime or is not prosecuted according to law, where the circumstances are minor and can be exempted from punishment, and where the evidence is still insufficient after supplementary investigation.

Q2: What are the requirements for deciding not to prosecute a case?

According to the Criminal Procedure Law, if the circumstances of the crime are minor and the People's Procuratorate decides that no punishment should be imposed or the punishment should be exempted in accordance with the provisions of the Criminal Law, the People's Procuratorate may make a decision not to prosecute. In practice, the People's Procuratorate usually takes into account factors such as the defendant's admission of guilt and plea for leniency, the return of the illegal proceeds and bribes, the victim's forgiveness, and the defendant's status as a first-time offender, occasional offender, or accomplice, and then makes a discretionary decision.

Q3: How does the decision not to prosecute when there are doubts come about?

If the case still lacks sufficient evidence after one supplementary investigation, a second supplementary investigation may be conducted; if, after the second supplementary investigation, the people's procuratorate still considers the evidence insufficient and not meeting the conditions for prosecution, it shall make a decision not to prosecute. This type of non-prosecution focuses on whether the evidence meets the standard for prosecution, and the defense should focus on the gaps in the chain of evidence.

Q4: Will I still be prosecuted after the non-prosecution decision is made?

After the decision not to prosecute is made, the case will not proceed to trial. However, if new evidence or new criminal facts are discovered that meet the conditions for prosecution, the person may still be prosecuted again; if the victim is dissatisfied with the decision not to prosecute, he/she may apply for a review or appeal in accordance with the law, and if the conditions are met, he/she may also initiate a private prosecution. If the person not prosecuted is dissatisfied with the discretionary decision not to prosecute, he/she may also appeal in accordance with the law.

Q5: How can I avoid being prosecuted?

It is necessary to appoint a lawyer to review the case file and submit a written legal opinion as early as possible during the review and prosecution stage: on the one hand, to challenge the evidence flaws and the application of the law, and strive for insufficient evidence or statutory non-prosecution; on the other hand, to organize materials such as voluntary surrender and meritorious service, restitution and understanding, and guilty plea and sentencing, and strive for discretionary non-prosecution. The outcome depends on the facts and evidence of the case, and any promise is not credible.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 Henglu Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and public 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. If you encounter disputes, please consult a practicing lawyer in time.