Conditional non-prosecution refers to the establishment of a probationary period for criminal suspects who should bear criminal responsibility when they feel that they can not immediately pursue criminal responsibility, and if they actively perform relevant social obligations during the probationary period and complete the relevant obligations agreed upon with the victim and the procuratorate, which is sufficient to confirm their expression of remorse, the procuratorate will make a decision not to prosecute in accordance with law.
Netizen consultation:
What is a Conditional Non-Prosecution for a Minor?
Lawyer answers:
Where juveniles are suspected of crimes provided for in Chapter 4 of the Specific Provisions of the Criminal Law, "Crimes against Citizens' Personal Rights and Democratic Rights", Chapter 5 "Crimes against Property", and Chapter 6 "Crimes of Obstructing the Order of Social Management", and may be sentenced to up to one year imprisonment, and meet the requirements for prosecution, but show remorse, the people's procuratorate may make a conditional decision not to prosecute, and provide for a probationary period of between 6 months and 1 year. During the probationary period, the people's procuratorate is to conduct supervision and inspection of the juvenile criminal suspect who has been conditionally not prosecuted, and the juvenile criminal suspect has not committed a new crime during the probationary period, nor has there been a crime that needs to be prosecuted, and there is no violation of supervision and management provisions, the people's procuratorate shall make a decision not to prosecute at the completion of the probationary period. Before making a conditional non-prosecution decision, the people's procuratorate shall hear the opinions of the public security organs and the victims.
The probationary period for conditional non-prosecution is between 6 and 1 year, calculated from the date on which the people's procuratorate makes the conditional non-prosecution decision. During the probationary period of conditional non-prosecution, the people's procuratorate is to conduct supervision and inspection of the juvenile criminal suspect who has been conditionally not prosecuted. The guardians of juvenile criminal suspects shall strengthen discipline of juvenile criminal suspects, and cooperate with the people's procuratorates to do a good job of oversight and inspection efforts.
Lawyer adds:
Juvenile criminal suspects who are conditionally not prosecuted shall comply with the following provisions:
1) Abide by laws and regulations and obey supervision;
2) Report their own activities in accordance with the regulations of the inspection organ;
3) Leaving the city or county where they reside or relocating shall be reported to the inspection organ for approval;
4) Accept corrections and education in accordance with the requirements of the inspection organs.
Legal basis] Code of Criminal Procedure
Article 282: Where a juvenile is suspected of committing a crime as provided for in Chapters 4, 5, or 6 of the Specific Provisions of the Criminal Law, and may be sentenced to up to one year imprisonment, and meets the requirements for prosecution, but shows remorse, the People's Procuratorate may make a conditional decision not to prosecute. Before making a conditional non-prosecution decision, the people's procuratorate shall hear the opinions of the public security organs and the victims.
Where the public security organs request a reconsideration, request a review, or the victim appeals against a conditional non-prosecution decision, the provisions of articles 179 and 180 of this law apply.
Where juvenile criminal suspects and their legally-designated persons have objections to the people's procuratorate's decision to conditionally not prosecute, the people's procuratorate shall make a decision to prosecute.
Lawyer Ding Lanzhen profile
He is a member of the Lvliang Law Society, a lawyer representative of the Lvliang Lawyers Association, a deputy director and partner of Shanxi Hanru Law Firm, and has participated in many major cases involving gangsters and vices in Lvliang City.