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刑事诉讼法修正案扩大了不起诉的范围,保留了免予起诉的合理内容,对于犯罪情节轻微,依照刑法规定不需要判处刑罚或者免除处罚的,人民检察院可以作出不起诉决定。这就是法学界所称的相对不起诉。对于这种不起诉的性质,有人认为:这是一种有罪的决定,产生与法院有罪判决相?
The amendment to the Code of Criminal Procedure has expanded the scope of non-prosecution and retained the reasonable content that is exempt from prosecution. The People’s Procuratorate may make a decision of non-prosecution for those cases where the crime is minor and there is no need to sentence or exempt punishment according to the provisions of the Criminal Law. This is what law circles call relative indictment. With regard to the nature of this non-prosecution, some argue that this is a guilty decision that leads to a guilty verdict from the court