Case Concerning Reconsideration and Review of a Decision not to Approve the Arrest of Zhu X for Suspected Theft
(SPP Guiding Case No. 209)
Key words
Theft; Multiple thefts; Significantly minor circumstances; Reconsideration and review of the decision not to approve the arrest
Summary
Where an offender has committed "multiple thefts", but a comprehensive assessment of the objective harm, the specific circumstances of the conduct, and the offender's subjective culpability shows that the conduct does not reach the level of causing serious social harm and therefore does not warrant criminal punishment, the conduct shall be considered to involve "significantly minor circumstances and minimal harm", and shall not be regarded as a crime. In such circumstances, the people's procuratorates shall issue a decision not to approve the arrest. In handling reconsideration and review cases, the people's procuratorates shall conduct a substantive examination; for review cases, a different prosecutor shall be designated to undertake the review.
Relevant provisions
Articles 13 and 264 of the Criminal Law of the People's Republic of China
Articles 90 and 92 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
Articles 290 and 291 of the Rules of Criminal Procedure for the People's Procuratorates (Rev. 2019)
Article 3 (1) of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Theft (Judicial Interpretation No. 8 [2013] of the Supreme People's Court, effective as of April 4, 2013)
