Top procuratorate further clarifies standards for criminal arrests, indictments

BEIJING -- China's top procuratorate on Tuesday published four typical cases to guide the lower-level procuratorial agencies' work in deciding criminal suspects' arrests or indictments.

The cases, published by the Supreme People's Procuratorate, involved reconsideration or review procedures about procuratorial agencies' prior decisions not to approve the arrest of certain criminal suspects or not to indict them.

In one case, it was made clear that when handling cases involving concealment of illegal gains of a crime, prosecutors should carry out comprehensive examinations based on the specific circumstances, consequences, the degree of social harm, as well as the nature and consequences of the prior crime, to determine whether the case is prosecutable.

Other cases involved the determination of prosecutable violations of theft, lodging lawsuit for fraud, and organizing prostitution activities.

It was further stressed in the cases that while dealing with reconsideration and review cases, substantial examination is needed, and the prosecutors should listen to the opinions of the public security authorities, and explain the facts of the case and the reasons as well as the legal basis for their decisions.

According to the SPP, the reconsideration and review procedure of relevant decisions facilitates mutual check and balance between public security and procuratorial authorities, and it is also an internal supervision within the procuratorial system.

Procuratorial agencies should work with public security authorities to build a criminal prosecution system centered around evidence, fully leverage the role of the reconsideration and review procedure in preventing and rectifying errors, to ensure justice in law enforcement and judicial work, the SPP statement said.

According to China's criminal procedure law, procuratorial agencies may decide not to approve the arrest of a suspect or not to indict them for reasons such as insufficient evidence or that relevant action is unnecessary.

However, the police may require or apply for a reconsideration or review of relevant decision if they believe it wrong.