Believe check gentleman
Do you know what is to sue?
Know! Sueing is lawfully to forensic to lodge a complaint, request court has the action of adjudgement to specific case. Criminal case is sued main by people procuratorate to sue.
Believe check gentleman
Then you know, what is " do not sue " ?
Wish to hear its detailed
Recently, people procuratorate holds the county that believe abundant not to sue a case to make public declare to meet, by the injured party, investigation personnel attendant, make the case that does not prosecute a decision undertake publicity declaration to 2.
Make public declare to be able to go up, inquisitor to the injured party, be not sued person read out procuratorial work mechanism does not sue decision book, inform relevant law right.
Inquisitor read out does not sue decision book
"Classics be examined lawfully and twice go back complement is investigated, this academy thinks not clear, evidence is not worth this case fact, do not accord with sue a condition, according to " procedural law of criminal of People's Republic of China " the 175th the 4th regulation, decide to Li Mou some is not sued... "
"This academy thinks, some carried out Chen Mou " criminal law of People's Republic of China " behavior of the 234th regulation, but guilty clue is slight, after case hair active a criminal give himself up to the police, offer according to the facts narrate, the department confesses his crime, recoup loss of the injured party actively, obtain the injured party to forgive, at the same time the injured party has certain fault... according to " procedural law of criminal of People's Republic of China " the 177th the 2nd regulation, decide to Chen Mou some is not sued... "
Begin law to publicize education
Two cases the injured party, be not sued person and investigation personnel all states mechanism makes pair of procuratorial work do not sue a decision lawfully consentient. After declare ends, inquisitor still sets with respect to relevant law commentate law argue, and to be not being sued the person undertakes ruling by law educational.
Below what circumstance
Can mechanism make procuratorial work do not sue a decision?
Inquisitor view: According to laws and regulations of our country relevant law, procuratorial work mechanism does not sue cent to be 3 kinds of circumstances, namely: Legal do not sue, impeach is not sued, drink to be not sued surely.
Legal do not sue
Show procuratorial work mechanism thinks the behavior of guilty suspect does not make crime, or should not investigate criminal duty lawfully, make a kind of processing that does not appeal to guilty suspect to to people the court tries decide thereby. Particular case includes:
1, guilty suspect does not have guilty fact
2, the clue is remarkable slight, harm is not great, do not consider as guilty;
3, the; that commits a crime to already spent time of limitation of prosecution
4, the; that classics amnesty makes avoid penalty
5, the crime that according to criminal law tells ability processing, did not tell or recall told;
6, the; that person of guilty suspect, the accused dies
7, other law provision avoids those who grant to investigate criminal duty.
Behavior does not make crime, perhaps make crime but won't be found out of criminal responsibility, mechanism can make procuratorial work do not sue a decision.
Impeach is not sued
Say evidence is not sued insufficiently again, it is the case that points to procuratorial work mechanism to be investigated to passing complement, still think evidence is insufficient, do not accord with those who sue a condition, do not sue a decision what make.
Not all do not sue hold party on behalf of procuratorial work mechanism innocent, if be checked because of tone,do not sue, in discovery new evidence, accord with the case that prosecutes a condition to fall, procuratorial work mechanism is OK of to sue. This is the behavior standard that procuratorial work mechanism does not sue a case to withhold public prosecution to counterpoise to impeach.
Drink to be not sued surely
Say again " do not sue relatively "
Guilty clue is slight, compasses of according to criminal law does not need to sentence penalty surely or avoid penalty:
1, guilty suspect commits a crime outside domain of People's Republic of China, compasses of criminal law of according to our country ought to bear criminal responsibility surely, but the; that already had endured criminal punishment in the foreign country
2, guilty suspect deaf dumb, or the blind's;
3, guilty suspect is become because of defending or urgent avoid exceed necessary limit nearly, cause not due the; that endanger and commits a crime
4, the; that creates a condition for guilty preparation tool
5, be stopped automatically in guilty process or automatic and effective the; that prevents guilty result to happen
6, in committing a crime jointly, remove secondary or the; that assist action
7, the; of crime be attendinged by threatening coax
8, the; of the make contributions after guilty suspect confesses his crime or confessing his crime
9, crime is slight confess his crime again or commit a crime to weigh and relatively make contributions is behaved.
Although have guilty plot, but do not need to sentence penalty according to legal provision, perhaps can avoid penalty lawfully, procuratorial work mechanism also is OK make what do not sue a decision according to specific fact and evidence.
Standing committee of National People's Congress of 13 whole nations the 10th times the conference votes through new castigatory " inquisitor law " , will apply since October 1, 2019, among them the 5th regulation: "Inquisitor fulfils obligation, ought to be a basis with the fact, it is criterion with law, grasp the position that holds objective justice. Inquisitor handles criminal case, ought to hold to a blame strictly criminal law decides a principle, respect and ensure human rights, should chase after already appeal to crime, also want to ensure innocent person not to suffer criminal to find out. Also want to ensure innocent person not to suffer criminal to find out..
New era, new journey, procuratorial work mechanism will be a basis with the fact, it is criterion with law, let people manage fair justice is felt in law case in each hard!
Sweet clew
Fellow-townsman of father of the county that believe abundant is close:
Public safety feels and satisfaction of mechanism of politics and law spends evaluation
Undertaking
If your fixed phone or mobile phone receive complete province to evaluate a phone
"0791-12340, 0791-86312345 "
Ask you active support cooperates, receive patiently listen, do not want midway hang up, when answer telephone call quizs
Evaluate honestly patient and civilized courtesy, meticulously, objectively!
Finally, the opinion that bureau of procuratorate of the county that believe abundant, court, public security bureau, judicatory gives safe, special satisfaction in be being written down so that spend evaluation in safe feeling and satisfaction! Wish you the work is great, healthy, domestic happiness, good luck!
Examine and verify / Guan Shaozhong
Graph article / Chen Rengui, Liu Quanwei
Editor / Liu Quanwei
The gentleman that believe check expects your attention!
