Isn t an indictment necessarily guilty? Is it likely that a public prosecution case will be innocent

Yes, it is not a crime if the evidence is not accurate.

Criminal litigation refers to the activities of public security organs, people's procuratorates, and people's courts, with the participation of parties and other litigation participants, to verify and verify whether the defendant has committed a crime, whether he should be punished with criminal punishment, and what kind of criminal punishment he should receive. China applies the principle of presumption of innocence, that is, no one can be found guilty without a judgment by a people's court in accordance with law. The principle that no one shall be found guilty without a court judgment is to persist in taking the facts as the basis and not recognizing the defendant as a criminal until the court finds him guilty, but does not rule out that he is suspected of committing a crime, but instead conducts an investigation in a realistic manner, objectively collects all kinds of evidence of guilt, innocence, and severity of the crime, and determines whether or not a crime is committed on the basis of the facts.

This principle makes it clear that only the people's courts have the power to convict, and no other organ or individual, including the procuratorate, has the right to exercise this right except the people's courts. So after the prosecution, will the sentence be imposed? Obviously, it is not necessarily, and the outcome of a court hearing a criminal case is not necessarily a guilty verdict, but it may result in a verdict of acquittal, a verdict of guilt, or even a verdict of exemption from criminal punishment.

Legal basis: Article 12 of the Criminal Procedure Law of the People's Republic of China states that no one shall be found guilty without a judgment made by a people's court in accordance with law.

on 28 Feb 2019

Sun Xuquan. Senior marriage and family lawyer.

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Legal analysis: The possibility of acquittal after arrest is relatively small, but it also depends on the final investigation, if there is no criminal act after investigation, and criminal responsibility is not borne in accordance with the law, and if the evidence of the crime is insufficient, it should be released in the investigation stage, a decision not to prosecute should be made in the procuratorate stage, and a not-guilty verdict should be made in the court's hail section.

Legal basis: Article 161 of the Criminal Procedure Law of the People's Republic of China Where, in the course of investigation, it is discovered that the criminal suspect should not be pursued for criminal responsibility, the case shall be withdrawn; Where a criminal suspect has already been arrested, he shall be immediately released, a certificate of release shall be issued, and the people's procuratorate that originally approved the arrest shall be notified.

In cases where the people's procuratorate decides not to prosecute, it shall at the same time release the sealing, seizure, or freezing of assets that were sealed, seized, or frozen during the investigation. Where it is necessary to give administrative punishment or administrative sanction to the person not being prosecuted, or to confiscate their unlawful gains, the People's Procuratorate shall submit a procuratorial opinion and transfer it to the relevant competent organ for handling. Where there is a draft, the competent organ shall promptly notify the people's procuratorate of the outcome of the disposition.

Determining whether a suspect has committed a crime needs to be comprehensively determined based on the facts of the crime and on the basis of the evidence in the case. Any evidence that can be destroyed to prove the existence of the facts of the crime and that the criminal act was committed by the criminal suspect or defendant is evidence of the crime. Any evidence that can deny the existence of the facts of the crime, or that can prove that the criminal suspect or defendant did not commit a criminal act, is evidence of innocence.

According to Article 50 of China's Criminal Procedure Law, adjudicators, procurators, and investigators must collect all kinds of evidence that can prove the guilt or innocence of the criminal suspect or defendant and the severity of the crime in accordance with legal procedures.

1. The prosecution is filing a lawsuit on behalf of the state, and if the court finds him not guilty, he will be released on the spot. 2. If the crime required by the prosecution is serious, and the court convicts him of a misdemeanor, he will not be acquitted. For example, if the prosecution asks for a verdict for intentional homicide, and the court rules for intentional injury resulting in death, if it is considered that the prosecution loses the case, it is not not innocent, but only a minor crime.

Acquittal can claim compensation from the state.

Article 288 of the Criminal Procedure Law of the People's Republic of China provides that in the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making a formal apology, and the victim voluntarily settles, the parties may reconcile: (1) In cases arising from civil disputes, where a criminal suspect is suspected of a crime provided for in Chapters 4 or 5 of the Special Provisions of the Criminal Law, and a sentence of up to three years imprisonment might be given; (2) Cases of crimes of premature negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment. Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.