[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 no prosecution is required according to law, as described in Article 16 of the Criminal Procedure Law, and the case should be directly non-prosecuted); non-prosecution due to insufficient evidence (after the second review, the evidence is still insufficient and does not meet the conditions for prosecution, resulting in 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, resulting in a relative non-prosecution). The judgment path includes: examining the facts (whether the accusation is supported by evidence); examining the evidence chain (whether the evidence for each fact forms a closed loop); and examining the circumstances (surrendering and confessing, making restitution and seeking forgiveness, being a first-time offender, an accomplice, or the amount being borderline). The review stage of prosecution is a critical opportunity to advocate for the client, and defense opinions should be submitted before the procuratorate makes a decision on prosecution.

I. Problem background and typical scenarios

The case was transferred to the procuratorate. The family members were excited and confused when they heard that "there's still a chance of non-prosecution": What are the conditions? Can they just bribe someone to get a favor? In practice, non-prosecution is not something that can be obtained by begging, but rather a result of the evidence and circumstances "calculated" out — each type of non-prosecution has clear legal requirements and case-handling logic.

II. Key points of contention

1. The constituting elements of the first and third types of non-prosecution. 2. The judgment criteria 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-inspection checklists: 1. **Statutory Non-Prosecution**: - No criminal facts; - Circumstances so minor as to not constitute a crime; - Time limit for prosecution has passed; - Amnesty; - Suspect death, etc. These cases fall under "should never have been prosecuted in the first place," with the defense focus 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. - Key judgment criteria: - Does each accusation have a complete chain of evidence? - Weak circumstantial evidence, missing objective evidence, or questionable appraisal opinions are vulnerabilities. 3. **Discretionary Non-Prosecution**: - The crime is established but circumstances are minor, requiring no sentencing or exemption from punishment under criminal law. - Judging criteria: - Combined factors: first-time offenses, accomplices, attempted crimes, voluntary surrender and confession, restitution and compensation, obtaining victim forgiveness, and plea agreements. The second layer involves in-depth evidence review: - **Case review prerequisite**: - Compare accusations with evidence point by point, focusing on: - Contradictions between statements and objective evidence; - Stability of key witness testimonies; - Integrity and extraction procedures of electronic data; - Traceability of appraisal evidence. - **Amount determination standards**: - Each financial crime tier (e.g., "large-scale fraud" vs. "extremely large-scale fraud") alters sentencing and prosecution strategies. - Major evidence flaws require written defense opinions and exclusion requests. The third layer focuses on discretionary non-prosecution case strategies: - **Relative non-prosecution of minor offenses**: - Voluntary surrender and truthful confessions must be implemented early (determined by the timing of surrender and truthful statements). - Restitution and compensation, along with victim forgiveness, are the most weighty discretionary factors. - Communication between prosecutors and lawyers regarding plea agreements and sentencing recommendations ensures structured case presentation (e.g., verifying sentencing proposal logic and submitting case precedent reports). - For corporate cases, regulatory compliance reform pathways exist – effective remediation and third-party evaluations may lead to lenient treatment. The fourth layer addresses procedural timelines and actions: - **Review and prosecution deadline**: One month (extendable). - **Defense timeline**: - Review evidence immediately; - Submit legal opinions within two weeks; - Track supplementary investigation outlines during the review stage (outlines serve as prosecutors’ evidentiary checklists); - Finalize sentencing negotiations before signing plea agreements; - Public announcement procedures follow non-prosecution decisions. - Victims may appeal or sue, while defendants (formerly discretionary non-prosecuted) have recourse against conditional non-prosecution decisions. - The critical time window for judging and securing outcomes lies in the review and prosecution phase. Once the case proceeds to court, there’s minimal room for negotiating non-prosecution options.

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 standards for non-prosecution; the third step is to simultaneously promote the progress of mitigating damages and obtaining the victim's forgiveness, voluntary surrender and confession, and plea bargaining; the fourth step is to submit a written legal opinion on non-prosecution 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 relevant provisions of the lenient punishment system for plea bargaining; the specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Advice

The three-sentence judgment on non-prosecution: Comparing the three categories of standards with the physical examination, the factual evidence and the circumstances run in parallel; If the evidence is insufficient, we should consider the closed-loop system; If the circumstances are minor, we should consider the combination; Review and prosecution is the only window, and the defense opinion should be put forward before the prosecution decision. Those involved in non-prosecution and criminal defense can pass it on throughCriminal defense and criminal case filingThe service obtains an overall solution, which involves the combination of arrangements for refunds, understanding, and compensationPersonal 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, you can seek advice from the columnSpecial 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 requiring no sentencing).

Q2: If the insurance company compensates for the loss, does it necessarily mean that there will be no prosecution?

Not necessarily; the withdrawal of the complaint and the reaching of a settlement are important mitigating circumstances. Whether or not to prosecute also depends on the charge, 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 without being convicted by the court, there will be no criminal record in the sense of a guilty verdict.

Q5: What can family members do to promote non-prosecution?

Co-operate with the process of refund and compensation, contact the victim for reconciliation, collect materials related to the first-time offender and his/her performance, and entrust a lawyer to review the case file 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 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·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.