Application for non-prosecution

Applicant:

Address: ?

Tel:

Reason: Applicant XXX made the following application due to the XXX People's Procuratorate's review and prosecution of a credit card fraud case:

Purpose of request: to make a decision not to prosecute.

Facts and reasons: State the facts and reasons for not prosecuting

To sum up, the applicant XXX stole jewelry, surrendered himself, pleaded guilty, and pleaded guilty. In good condition, and obtained the understanding of the commercial bank, the criminal suspect's family is in difficulty, with seniors and young children, so he applied to the procuratorate not to prosecute, and the suspect was prosecuted in accordance with Article 15, Item 1, of the Criminal Procedure Law of the People's Republic of China. Make a decision not to prosecute, give the criminal suspect a chance to reform, and create a harmonious society.

Yours sincerely

XXX People's Procuratorate

Applicant:

Extended information:

Not prosecuting is a procuratorial organ Litigation sanctions imposed on criminal suspects who are determined to be unsuitable, need not be investigated, or cannot be held criminally responsible are one of the methods commonly used by procuratorial organs to terminate litigation procedures.

"Criminal Procedure Rules of the People's Procuratorate"

Article 286: Cases in which the People's Procuratorate, after investigation, believes that the criminal facts are clear, the evidence is reliable and sufficient, and criminal liability should be investigated in accordance with the law , an investigation conclusion report should be written and a prosecution opinion should be prepared.

For cases where the crime is minor and does not require a penalty or exemption from penalty in accordance with the criminal law, an investigation conclusion report should be written and a non-prosecution opinion should be prepared.

The investigation conclusion report and the opinion on prosecution or the opinion on non-prosecution shall be reviewed by the person in charge of the investigation department and approved by the chief prosecutor.

401. If the People’s Procuratorate finds that the criminal suspect has no criminal facts in a case transferred by the public security organ for review and prosecution, or meets one of the circumstances stipulated in Article 15 of the Criminal Procedure Law, the People’s Procuratorate shall The chief or the procuratorial committee decides to make a decision not to prosecute.

If the crime is not committed by the criminal suspect and requires re-investigation, the reason shall be stated in writing after the decision not to prosecute, the case file materials shall be returned to the public security organ and the public security organ shall be recommended to re-investigate.

Article 406: If the crime is minor and does not require a penalty or exemption from penalty in accordance with the criminal law, the People's Procuratorate may decide not to prosecute upon the decision of the chief prosecutor or the procuratorial committee.

Reference materials: Supreme People’s Procuratorate-People’s Procuratorate Criminal Procedure Rules (Trial)