Research On Prosecutorial Screening: Criteria Used By Procuratorates When Deciding Charges
1. Case: Technical Evidence Review in a Physical Injury Case
Facts:
A man (Mr. Li) was accused of assaulting another person, claiming severe facial injuries. CCTV footage and medical records were presented.
Legal Issues:
Whether the injury was caused by the accused or pre-existing.
Sufficiency of forensic evidence to meet the legal threshold for “serious injury” (重伤).
Procuratorate Action:
Prosecutors reviewed forensic reports and medical imaging independently.
They consulted forensic experts to determine if the injury mechanism matched the alleged assault.
Outcome:
The technical evidence did not conclusively prove causation.
Prosecutors downgraded charges from “intentional serious injury” to “minor injury” and applied a more lenient approach.
Significance:
Demonstrates that in China, prosecutors scrutinize forensic and technical evidence rather than relying solely on police reports.
2. Case: Plea-Based Leniency in an Assault Case
Facts:
Two suspects assaulted a person during a dispute. Both voluntarily confessed and expressed remorse.
Legal Issues:
Whether the confession was voluntary and fully informed.
Appropriateness of applying the “plea for leniency” system (认罪认罚从宽).
Procuratorate Action:
Prosecutors ensured the defendants understood the consequences of confession and sentencing.
Verified the confession was genuine and not coerced.
Outcome:
Charges were filed with a plea-based mitigation recommendation.
Sentencing was reduced, and the case was highlighted as a model for plea-system application.
Significance:
Highlights procedural fairness in plea-based prosecution and the prosecutorial discretion to reduce sentences for voluntary cooperation.
3. Case: Fast-Track Prosecution for Minor Theft
Facts:
A young man stole goods worth 2,000 RMB from a shop.
Legal Issues:
Whether the case qualifies for summary prosecution (速裁程序).
Ensuring the suspect’s rights are protected during expedited procedures.
Procuratorate Action:
Prosecutors confirmed the facts and sufficiency of evidence.
Informed the suspect about the summary process and obtained voluntary consent.
Outcome:
The case was processed through the fast-track system.
Defendant received a brief custodial sentence with a fine.
Significance:
Shows efficiency-focused prosecutorial screening while maintaining procedural safeguards.
4. Case: Corporate Compliance and Non-Prosecution
Facts:
A manufacturing company violated environmental regulations but implemented strict internal reforms after being discovered.
Legal Issues:
Whether the company’s actions constituted a prosecutable crime.
Whether non-prosecution aligned with policy goals of encouraging corporate compliance.
Procuratorate Action:
Evaluated the company’s remediation measures, governance improvements, and preventive steps.
Outcome:
Prosecutors decided not to charge the company, highlighting effective compliance.
Significance:
Shows how Chinese prosecutors consider public policy and rehabilitation in charge decisions.
5. Case: Non-Prosecution of a Juvenile
Facts:
A high-school student engaged in minor interference with public health measures during an epidemic.
Legal Issues:
Whether prosecution was appropriate given the minor nature of the offense and age of the defendant.
Procuratorate Action:
Conducted a discretionary review considering age, social harm, and educational opportunities.
Outcome:
Decision made not to prosecute.
Case was cited as an example of applying leniency for minors.
Significance:
Demonstrates “宽严相济” principle: balancing leniency and severity in prosecutorial discretion.
6. Case: Supervision and Correction of Lower-Level No-Prosecution
Facts:
A local procuratorate declined to prosecute an individual accused of organizing prostitution.
Legal Issues:
Whether the lower-level decision misinterpreted evidence regarding the suspect’s knowledge and intent.
Higher-Level Action:
Reviewed evidence and confirmed active involvement.
Ordered the lower-level procuratorate to reverse the no-prosecution decision.
Outcome:
The individual was prosecuted after review.
Significance:
Illustrates oversight mechanisms in prosecutorial screening to prevent errors or excessive leniency.
Key Observations Across Cases
Evidence Quality is Central: Prosecutors scrutinize forensic, technical, and documentary evidence.
Discretionary Policy: Public interest, juvenile status, or corporate compliance can influence non-prosecution.
Procedural Fairness: Voluntary confessions and understanding of rights are crucial for plea-based decisions.
Oversight Mechanisms: Higher-level review ensures accountability in no-prosecution or leniency decisions.
Efficiency: Summary procedures streamline minor cases while upholding rights.
These six cases together show how Chinese prosecutors balance legal evidence, discretion, public policy, procedural fairness, and efficiency when screening cases for charges.
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