[Direct answer]Yes, but there are strict restrictions. According to Article 177 of the Criminal Procedure Law of the People's Republic of China, for crimes with minor circumstances that do not require sentencing or exemption from punishment according to the Criminal Law, the People's Procuratorate may make a decision not to prosecute; for crimes with significantly minor circumstances and little harm that are not considered crimes, prosecution should not be initiated. In addition, if the evidence is insufficient or does not meet the conditions for prosecution, a decision not to prosecute should be made. Not prosecuting is not about "paying money to settle the matter", but rather a legal evaluation of the circumstances and evidence. To obtain a decision not to prosecute, it is usually necessary to have circumstances such as a small amount of money involved, minor role, first-time offender or occasional offender, pleading guilty and accepting the punishment, and making restitution and obtaining a settlement, etc. Lawyers should also submit sufficient legal opinions during the review and prosecution stage.

1. Problem background and typical scenarios

The decision whether to prosecute minor criminal cases directly affects the future and family of the parties involved. Typical cases include: theft or fraud cases with a total amount just meeting the standard for filing a case, and cases of intentional injury where the perpetrator caused minor injuries on impulse, has compensated the victim and obtained their forgiveness; accomplices who only played a supporting role in a joint crime. When handling such cases in the Beijing area, the procuratorial organs will comprehensively consider the circumstances of the crime, the perpetrator's repentance, the restoration of social relations, and the necessity of detention, and deal with the cases in accordance with the law.

II. Key points of contention

First, the types of non-prosecution: statutory non-prosecution, discretionary (relative) non-prosecution, and non-prosecution due to reasonable doubt. Second, the boundary between minor offenses and significantly minor offenses. Third, the actual impact of restitution, reconciliation, and guilty pleas on the prosecution decision. Fourth, the handling of accomplices and coerced accomplices in joint crimes. Fifth, special policies for minors and first-time offenders. Sixth, whether there is a record after non-prosecution, and whether it is possible to apply for its removal.

III. Professional analysis by Henglue Lawyers

There are clear boundaries for non-prosecution, and there is no room for "settling matters through reconciliation" in felony cases. A case of intentional homicide with accompanying civil litigation handled by Henglue Lawyers illustrates this point: On the night of June 16, 2024, the defendant, Zhang Daqiang, was involved in a dispute over the quality of construction concrete. After being persuaded to return to his dormitory, he drove at a speed of about 60 to 62 kilometers per hour into the laboratory, causing the death of Zhao Gang on the spot and injuries to Zhang Bin and Li Yuanzheng. As the attorney for the victim's side, the lawyer thoroughly reviewed the case file and put forward opinions on subjective intent, voluntary surrender, victim's fault, and the nature of the crime, arguing that the defendant should be convicted of intentional homicide and given a severe punishment. The court ultimately adopted the lawyer's opinion, sentencing Zhang Daqiang to death for intentional homicide and supporting the victim's family's request for compensation in the accompanying civil litigation. This case contrasts sharply with minor cases: For crimes that seriously endanger personal safety, the law strictly punishes them, leaving no room for non-prosecution; while cases with minor circumstances that do not require criminal punishment according to the law may apply discretionary non-prosecution. When handling minor cases, Henglue Lawyers typically organize materials around the amount involved, the role played, restitution and reconciliation, the voluntary nature of the guilty plea and punishment, and the degree of social relationship repair, and submit legal opinions on non-prosecution to the procuratorial organ, while simultaneously applying for the lifting or modification of compulsory measures. This case was handled by Beijing Henglue Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, withdraw compensation, apologize, and strive for a written apology as soon as possible; Second, voluntarily plead guilty and accept punishment under the guidance of a lawyer to avoid procedural flaws; Third, collect evidence that can prove the case is minor and the role is relatively insignificant, such as the amount involved, the division of labor, and the profit situation; Fourth, submit a legal opinion on non-prosecution to the procuratorial organ, explaining the reasons why no criminal punishment is necessary; Fifth, pay attention to the handling results and make a reasonable assessment of the record and impact after being non-prosecuted. For related services on the platform, please refer to the following link:Criminal defense and criminal case filing、Personal injury and medical disputes、Creditor's rights and debts, and enforcement、Business and contract disputes in enterprisesAndSpecial servicesLegal basis: Article 177 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), and Articles 13 and 37 of the Criminal Law of the People's Republic of China (amended on December 29, 2023). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, there are legal boundaries for non-prosecution, and there is usually no room for serious crimes, habitual offenders, or cases with particularly egregious circumstances. Secondly, the earlier the restitution and reconciliation are completed, the better, as they are crucial for obtaining a discretionary non-prosecution. Thirdly, the guilty plea and sentencing should be voluntary and truthful, and procedural safeguards are equally important. Fourthly, the determination of the status of accomplices and coerced accomplices directly affects the outcome of the case and requires evidence to support it. Fifthly, being non-prosecuted does not mean there are no consequences at all. Issues such as professional licensing should be consulted with a lawyer in advance for assessment.

VI. Frequently Asked Questions

Q1: Under what circumstances can the procuratorate decide not to prosecute?

There are mainly three categories: where the crime circumstances are significantly minor and the harm is not great, it shall not be prosecuted; where the crime circumstances are minor and it is not necessary to impose a sentence or exempt from punishment according to the provisions of the Criminal Law, it may not be prosecuted; where the evidence is insufficient and does not meet the conditions for prosecution, it shall not be prosecuted. The specific application requires a comprehensive judgment based on the case facts, evidence, and sentencing circumstances, and the decision shall be made by the procuratorial organ in accordance with the law.

Q2: If the compensation and apology are accepted, will I not be prosecuted?

Not necessarily. Compensation and reaching an agreement are mitigating circumstances, which can significantly increase the likelihood of non-prosecution, but they are not a prerequisite for avoiding prosecution. Whether to prosecute also depends on the charge, the circumstances, the amount involved, the role played, and the social harmfulness. For minor cases, reaching an agreement is often crucial; for serious crimes, reaching an agreement cannot replace legal accountability, but can only reflect leniency in sentencing.

Q3: How to strive for a relatively lenient prosecution?

Generally, the following are required: actively withdrawing compensation and obtaining a written apology, voluntarily admitting guilt and accepting punishment, providing evidence to prove that the circumstances are minor and the role is relatively insignificant, and completing public service or social relationship restoration when necessary. Lawyers should submit a legal opinion on non-prosecution during the review and prosecution stage, explaining the reasons why no punishment is necessary according to the provisions of the Criminal Law, and enhancing the persuasiveness by referring to the handling practices of similar cases.

Q4: Will there still be a criminal record after the case is not prosecuted?

The person who is not prosecuted does not fall into the category of being found guilty by the court, and generally does not have a criminal record. However, relevant processing materials may be retained. This may still have an impact on civil servants, access to certain professions, and immigration, etc., which varies depending on the specific circumstances. It is recommended that after obtaining the decision of non-prosecution, you should consult a lawyer to assess the potential impact and appropriate responses based on your own situation.

Q5: Are accomplices always not prosecuted?

Not necessarily. An accomplice should be given a light, mitigated, or exempted punishment according to law, but whether he/she will be prosecuted or not also depends on the overall circumstances of the case, the amount involved, and the degree of his/her role. If the degree of participation is low, the profit is small, and the person admits guilt and is willing to make restitution, there is a greater possibility of obtaining a non-prosecution or lenient treatment. However, if the person's role is obvious and the amount involved is huge, he/she will usually still be prosecuted, but may receive a lenient sentencing.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

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

Disclaimer: This article is compiled based on the 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. If a dispute arises, please consult a practicing lawyer in a timely manner.