~Decision Not To Prosecute~
The decision not to prosecute is a public prosecutor’s decision not to institute prosecution. In short, it means to terminate a case without putting the suspect to criminal trial.
Basically, a case is to be sent to a public prosecutor when the police investigated the case. Then, a conclusive disposition of a case by a public prosecutor after accomplished an investigation is called the final disposition.
The final disposition by a public prosecutor is roughly divided into: prosecution; non-prosecution; and, referral to a family court. The prosecution has two ways to institute prosecution: one that brings someone to trial (demand for a trial); and, the other that imposes a fine in the simple proceedings (summary indictment). Moreover, in a case of a juvenile case (the suspect is under 20-years-old), in principle the case is to be sent to a family court, and the court then takes the proceedings for a juvenile trial.
Where a public prosecutor decides not to prosecute, the case is closed. Therefore, if one had been detained, he/she will be released immediately and will not have a previous conviction (「前科」zenka).
AICHI Criminal Cases Law Firm has a good track record of getting a decision not to prosecute. If you want to avoid from having a previous conviction or call for a release at the early stage, please come to our office to consult with our lawyers.
~Forms of Non-Prosecution~
One is exempted from prosecution on the following grounds:
1.Lack of condition of lawful prosecution
Once instituted prosecution a case belongs to a court, however; it is not necessarily possible to judge the substance of the case even though a suit is pending, and some conditions are needed to be met. The conditions for prosecution and institution of prosecution to be valid is called the conditions of lawful prosecution, and a trial will be put a period without those conditions. Then, even a public prosecutor drops a case where he determines that lacks the condition of lawful prosecution in prosecuting.
2.The alleged fact of the crime does not constitute a crime
Even though a public prosecutor presupposes that the charged fact is fully recognized, where from the first a crime is not established, or, the suspect is juvenile (less than 14-years-old) or insanity, it is clear that the suspect cannot be charged so that a public prosecutor drops the case.
3.No suspicion that a crime has been committed
Where due to the existence of a real culprit or alibi, it is clear that the suspect is not a perpetrator, or the suspicion that a crime has been committed is not enough, a public prosecutor dismisses a case.
It is important to explain to a public prosecutor that non-prosecution is reasonable by collecting exculpatory evidence, or, making a plea that it is difficult to prove guilt only with evidence collected by the investigative authority.
4.Suspension of prosecution
This is the decision not to prosecute done by a public prosecutor when he deems it unnecessary to institute prosecution considering various circumstances while the establishment of the crime is clear. Most (about 90 %) of public prosecutors’ decisions not to prosecute is this disposition, suspension of prosecution.
Therefore, except cases that the suspect is investigated on suspicion of crime of which someone knows nothing, one normally carries out defense activities for the suspension of prosecution. In order for a public prosecutor to deem that there is no need to prosecute, it is necessary to make a plea persuasively that a damage was recovered, a case is petty, or the suspect fully reflects on his/her past conduct and may not reoffend.
It is difficult for the suspect him/herself to carry out these activities, so we recommend to ask a lawyer to do that. To do defense activities enough to prepare for the suspension of prosecution, please consult with AICHI Criminal Cases Law Firm.
~Merits of Non-Prosecution~
Where a public prosecutor decided not to prosecute and put the suspect to non-prosecution, the suspect will be immediately released when he/she had been detained, he/she will not have a previous conviction as prosecution is not instituted neither a trial is held. Thus, the suspect can avoid disadvantages from a previous conviction (forfeit of qualification to take some positions), and the suspect has a pretty good chance not to get laid off even though he/she got arrested.
Moreover, in cases where settled out of court with the victim, the suspension of prosecution leads to complete settlement of the case including civil liability.
~Defense Activities for Suspension of Prosecution~
In a case which has the victim, it is important to recuperate a damage first and foremost. A public prosecutor makes a luring taking various circumstances into consideration, bearing the significance of a case in mind when he judges prosecution or non-prosecution. Among various circumstances the fact that the suspect settled out of court with the victim or the circumstance that the damage is fully recuperated is one of the most powerful circumstances for the suspension of prosecution.
Besides, where the case concerned is an offense subject to prosecution only on complaint from the victim, a lawyer navigates negotiation with the victim for out-of-court settlement in order for the victim to dismiss a complaint.
If the suspect is detained on charge that he/she knows nothing, a lawyer works on to a public prosecutor to request early release and non-prosecution by arguing the fact for the suspect such as that there is no fact that constitutes of a crime or that there is alibi.
About the out-of-court settlement, please go to call for out-of-settlement AICHI Criminal Cases Law Firm excels at and has rich experience in gaining non-prosecution as defense activities before prosecution.
Also, lawyers who are specialized in criminal and juvenile cases personally provide for “free consultation”. When the suspect got arrested, the earliest the day, we also provide for “the first interview service” which a lawyer personally goes where the suspect is.