Should a hearing be held if a criminal case is not prosecuted?

Hearings in cases of non-prosecution, criminal appeal, civil litigation supervision, administrative litigation supervision and public interest litigation are generally held in public. Hearings to examine cases of arrest, cases of necessity of detention and cases in which the parties are minors are generally held in private.

Non-prosecution hearing procedure

The process of hearing is: the host presides over,

1, the opinion read by the investigation organ;

2, read the case by the procuratorate;

3. Defenders express their defense opinions;

4. The hearing officer asks questions about the case;

5, the collegial panel, whether to prosecute;

6. Ask the investigation organ whether there is any supplement to the hearing opinions;

7. The hearing is over.

Legal basis: Article 178th of the Criminal Procedure Law of People's Republic of China (PRC).

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 his unit. If the accused is in custody, he shall be released immediately.

Article 179

If the people's procuratorate decides not to prosecute the case transferred by the 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 case involving a victim decides not to prosecute, the people's procuratorate shall serve the decision on non-prosecution 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 lawsuit directly to the people's court without appeal. After the people's court accepts the case, the people's procuratorate shall transfer the relevant case materials to the people's court.