[Direct answer]In the Beijing area, a physical examination is conducted for each of the three types of non-prosecution according to the statutory standards — statutory non-prosecution (there is no criminal fact or the case is not prosecuted according to law, as stipulated in Article 16 of the Criminal Procedure Law, and the case should be directly non-prosecuted); non-prosecution due to insufficient evidence (the evidence is still insufficient after the second review and does not meet the conditions for prosecution, and the case is a doubtful non-prosecution); discretionary non-prosecution (the crime is minor, and according to the Criminal Law, no punishment is required or the punishment is waived, and the case is a relative non-prosecution). The judgment path is: to examine the facts (whether the accusation is supported by evidence); to examine the evidence chain (whether the evidence for each fact is closed-loop); to examine the circumstances (surrendering and confessing, making restitution and expressing apologies, first-time offenders, accomplices, and amounts at the edge of criminal punishment); and to review the prosecution stage as a window of opportunity, and defense opinions should be submitted before the procuratorate makes a decision on prosecution.

1. Problem background and typical scenarios

The case was transferred to the procuratorate, and the family members were excited and confused when they heard that "there's still a chance of non-prosecution". They wanted to know what the conditions were and whether it was enough to ask someone to intercede on their behalf. In practice, non-prosecution is not something that can be obtained by begging, but rather it is determined based on the evidence and the circumstances of the case. Each type of non-prosecution has clear legal requirements and case-handling logic.

II. Key points of dispute

1. The constituting elements of the first and third types of non-prosecution. 2. The judgment standard for insufficient evidence. 3. The combination of circumstances for discretionary non-prosecution. 4. The procedural actions to strive for non-prosecution.

III. Professional analysis by Henglue Lawyers

The first layer consists of three standard self-checklists for prosecution decisions: 1. **Statutory Non-Prosecution**: - No criminal facts; - Insignificant circumstances that do not constitute a crime; - Expiration of the statute of limitations; - Amnesty; - Death of the suspect, etc. These cases fall under "should not have been prosecuted in the first place," and the defense focus is on legal characterization and evidence admissibility. 2. **Doubtful Non-Prosecution**: - After two supplementary investigations, the prosecutor still deems the evidence insufficient to meet prosecution criteria. The key judgment criterion is whether "every allegation has a closed chain of evidence"—including isolated testimonial evidence, missing objective evidence, and questionable appraisal opinions. 3. **Discretionary Non-Prosecution**: - The criminal facts are established but the circumstances are minor, requiring no sentencing or exemption from punishment under criminal law. The key evaluation criteria include: - First-time or occasional offenses; - Accomplices or coerced participants; - Attempted crimes or discontinued offenses; - Surrendering and confessing; - Returning illicit gains and compensating victims; - Obtaining victim forgiveness; - Pleading guilty and accepting sentencing recommendations. The second layer focuses on in-depth review of insufficient evidence: 1. **Case review**: - Comparing charges with evidence, with emphasis on: - Contradictions between statements and objective evidence; - Stability of key witness testimonies; - Integrity and extraction procedures of electronic data; - Traceability of appraisal samples. 2. **Amount determination**: - The sentencing and prosecution trajectory differ for each financial crime tier (e.g., "significant amount" vs. "huge amount"). - Major discretionary factors include: - Returning illicit gains and compensating victims; - Victim forgiveness; - Sentencing agreement negotiations with prosecutors (e.g., verifying sentencing recommendation calculations and submitting case precedent reports). 3. **Enterprise cases**: - Post-prosecution compliance pathways: - Effective reforms and third-party assessments qualify for lenient treatment. The fourth layer outlines procedural timelines and actions: 1. **Review period**: One month (extendable), with defense actions scheduled: - Review evidence within two weeks; - Track supplementary investigation outlines during the review stage (which serve as prosecutors’ evidentiary checklists); - Sign settlement agreements before sentencing negotiations; - Public announcement procedures after non-prosecution decisions. - Victims may appeal or file private prosecutions; - Conditional non-prosecution recipients may challenge decisions. The critical time window for judgment and advocacy lies in the review and prosecution phase. Once the case enters court, prosecution options become extremely limited.

IV. Practical suggestions and legal basis

The first step is to immediately appoint a lawyer to apply for access to the case file after the case is transferred to the procuratorate; the second step is to conduct a systematic review of the case according to the three types of non-prosecution standards; the third step is to simultaneously advance the procedural processes such as the withdrawal of compensation, the signing of a settlement agreement, and the communication on the recognition of guilt and punishment; the fourth step is to submit a written non-prosecution legal opinion within the review and prosecution period and track the progress of the case review. Main legal basis: Articles 16, 175, 177, and 180 of the Criminal Procedure Law of the People's Republic of China, Article 37 of the Criminal Law of the People's Republic of China and related sentencing provisions, and the regulations on the lenient punishment system for admitting guilt and accepting punishment; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key principles for making a decision not to prosecute: comparing the three types of standards with the physical examination results, and considering the facts, evidence, and circumstances in parallel; if the evidence is insufficient, we should follow the closed-loop principle; if the circumstances are minor, we should consider the combination of factors; and the review and prosecution is the only window for defense opinions, which should be submitted before the prosecution decision. Those involved in the decision not to prosecute and criminal defense can seek help through legal channels.Criminal defense and criminal case filingThe service provides a comprehensive solution, which includes the possibility of combining arrangements for refunds, compensation, and reaching a settlement with the other partyPersonal injury and medical disputesFor plates involving corporate compliance rectification, you can refer to the following for referenceBusiness and contract disputes in enterprisesFor any questions regarding difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

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

There are three categories: statutory (should not be prosecuted), doubtful (insufficient evidence), and discretionary (minor circumstances that do not require sentencing).

Q2: If the company compensates the victim, does that necessarily mean they won't be prosecuted?

Not necessarily. The withdrawal of the complaint and the reaching of an understanding with the victim are important mitigating circumstances. Whether or not to prosecute also depends on the charges, the amount involved, and the overall circumstances of the case.

Q3: Will the review process be repeatedly delayed due to insufficient evidence?

If there is still insufficient evidence after two reviews, the procuratorate shall make a decision not to prosecute.

Q4: Will there be a criminal record if I'm not prosecuted?

Not being prosecuted means that there will be no criminal record in the sense of a guilty verdict without being convicted by the court.

Q5: What can family members do to promote the decision not to prosecute?

Co-operate with the process of withdrawal and compensation, contact the other party for understanding, collect materials related to the first-time offender and his performance, and entrust a lawyer to review the case files and submit opinions as soon as possible.

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 Henglue Law Firm for specific cases.

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

Disclaimer: This article is compiled based on the current effective 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.