Non-prosecution in case of doubt is a decision of non-prosecution made by the procuratorial organ for cases that are still considered to have insufficient evidence and do not meet the conditions for prosecution after supplementary investigation. In practice, some public security organs immediately take compulsory measures, such as residential surveillance or bail pending trial, after the procuratorial organs announce the decision to release the suspected non-prosecutors, so as to facilitate the further investigation of the case and control the parties.
After the hearing, no prosecution is required, but it needs to be analyzed in detail.
Hearing originated in Britain and America, and it is a system that introduces judicial trial into administrative and legislative procedures. In American administrative law, the formal hearing is usually presided over by an administrative judge appointed by the administrative organ by the opposing parties selected by lottery. The trial completely cloned the court debate. Both sides not only expressed their opinions, but also produced their own witnesses and documents to support their views.
Finally, the administrative judge must make a final ruling like a court trial, and the ruling must respond to the views of both parties in detail, otherwise the ruling may be invalid due to procedural problems in judicial review. In China, besides the hearing system in administrative procedure, there is also the hearing system in legislation. People's congresses in many places have held hearings when formulating local laws and regulations, and the National People's Congress Standing Committee (NPCSC) has also held hearings when amending the individual income tax law.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 178 The decision not to prosecute shall be publicly announced, and the decision not to prosecute shall be served on the person who is not prosecuted and the unit to which he belongs. If the accused is in custody, he shall be released immediately.
Article 179 If a people's procuratorate decides not to prosecute a case transferred by a public security organ, it shall serve the decision of non-prosecution on the public security organ. When the public security organ thinks that the decision not to prosecute is wrong, it may request reconsideration. If the opinion is not accepted, it can be submitted to the people's procuratorate at the next higher level for review.
Article 180 If a people's procuratorate decides not to prosecute a case with a victim, it shall serve the decision not to prosecute on the victim. If the victim refuses to accept the decision, he may appeal to the people's procuratorate at the next higher level and request public prosecution within seven days after receiving the decision. The people's procuratorate shall inform the victim of the reexamination decision. If the people's procuratorate upholds the decision not to prosecute, the victim may bring a lawsuit to the people's court. The victim may also bring a suit directly to the people's court without appealing. After the people's court accepts the case, the people's procuratorate shall transfer the relevant case materials to the people's court.
Article 181 If the person who is not prosecuted refuses to accept the decision made by the People's Procuratorate in accordance with the second paragraph of Article 177 of this Law, he may lodge a complaint with the People's Procuratorate within seven days after receiving the decision. The people's procuratorate shall make a review decision, notify the non-prosecutor, and send a copy to the public security organ.