Abstract:The exemption from indictment system resolved the rigid “prosecute-or-not” dilemma under mandatory prosecution, established a tiered case-handling model through differentiated treatment, implemented the criminal policy of “combining punishment with leniency”, and demonstrated historical progress in this field. However, after being incorporated into law, it conflicted with the rule of law and fundamental legal principles, suffered judicial abuse, and was ultimately replaced by relative non-prosecution. But the rational elements of the exemption from indictment system remain instructive. Firstly, it targeted limited politically sensitive crimes and was unsuitable for bulk duty crimes. This indicates that the procedure for excluding offences should function as post-conviction controls under the principle of prosecutorial expediency with case-specific restraint. Secondly, it refined the existing special non-prosecution system and integrated the methods and judicial experience historically applied in the exemption from indictment system for special political and diplomatic cases. Thirdly, the prosecutorial discretion and pretrial disposition powers demonstrated by the exemption from indictment system form the foundation of the procedure for excluding offences, necessitating further development of a diversified framework beyond relative non-prosecution. In addition, the historical development of the exemption from indictment system also demonstrates that when incorporating policy-based institutions into legislation, it is essential to maintain the organic unity of political, legal, and practical logics. Only then can such policies effectively address political demands, align with the spirit of legal principles, and possess practical feasibility.

Keywords: Procedure for Excluding Offences; Exemption from Indictment; Principle of Prosecutorial Expediency; Pardon; Non-Prosecution Discretion

 

Author:Dong Kun, research fellow, CASS Institute of Law; doctoral supervisor, Law School of the University of CASS;

Source: 6 (2025) Law and Social Development.