Keywords
Prosecution discretion
Conditional non-prosecution
Submitted : 2024-11-03
Accepted : 2024-11-18
Published : 2024-12-03
Abstract
The formation of a criminal structure dominated by misdemeanors reflects the enormous potential of the discretionary non-prosecution system in managing misdemeanors. However, by analyzing the current binary model of discretionary non-prosecution in adult misdemeanor cases, there are problems such as the lack of a uniformly applied legal basis, the tendency to formalize inspections, the lack of a proper interface between criminal and administrative activities, and the ineffectiveness of special prevention. Therefore, the binary model can be rethought from the perspective of procedural law, and a new discretionary non-prosecution binary model can be formed by perfecting the existing relative non-prosecution system and constructing a conditional non-prosecution system for adult misdemeanor cases, combining the pre-conditional non-prosecution model and the post-prosecutorial opinion model.
References
Wang Y, Li JF, 2024, Research on Perfecting the Conditional Non-prosecution Rule of Drunk Dangerous Driving Crime. Journal of Hubei Engineering University, 44(1): 103–109.
Li SY, Wan F, 2024, Practical Reflections and Improvement of the Reverse Convergence of Execution and Punishment in Non-prosecution Cases—Taking 63 Non-prosecution Cases as the Object of Research. The South China Sea Law Journal, 8(3): 67–74.
Zheng LP, 2012, Rethinking and Reforming the Misdemeanor Prosecution Discretionary System. Research on Rule of Law, 2012(7): 25–35.
Wang J, 2022, Research on the Standardized Operation of Procuratorial Power after Non-prosecution—From the Perspective of the Connection Between Administrative Law Enforcement and Criminal Justice. Present Law Science, 20(3): 74–81.
Cesare B, Zhong SF, 2021, Dei Delitti E Delle Pene. Law Press, Beijing, 29.
The United States Department of Justice, 2019, 712. Pretrial Diversion, in Criminal Resource Manual: 500–999. https://www.justice.gov/archives/jm/criminal-resource-manual-712-pretrial-diversion
Shi LM, 2022, Research on the Procedural Exculpation in Drunk Dangerous Driving Cases. China Legal Science, 2022(4): 250–269.
Zhang JW, 2024, Judicial Logic, Legal Adjustment and Procedural Configuration of Misdemeanor Governance. Criminal Science, 2024(2): 55–71.
Aubusson de Cavarlay B, 2006, The Prosecution Service Function Within the French Criminal Justice System, in Coping with Overloaded Criminal Justice Systems. Springer, Berlin, 185–205.
Yu Q, 2024, On the Conditional Non-Prosecution System in the Perspective of Minor Offences’ Governance. Hebei Law Science, 42(8): 154–175.
Shao J, 2024, Legislative Suggestions for Conditional Non-prosecution in the Era of Misdemeanors. Law Science Magazine, 45(2): 60–74.