Research on the Regime of the Change of a Public Prosecution

The regime of the change of a public prosecution is closely linked with the justice and efficiency of a trial and the defendant's lawful rights and interests. However, apart from a judicial interpretation, there are no legal norms related to the regime in China's present criminal procedural law. Thus certain norms concerned should be adopted while we amend the Criminal Procedural Act. In China only the prosecution has the power to change a public prosecution. The supplement of a prosecution and the alteration of its contents shall not encumber the normal process or impair the efficiency of a criminal action. Furthermore, the right to defend the accused should be protected and a proper period should be prescribed in which the case must be tired. Withdrawal of a prosecution shall not infringe on the right of the accused to a fair trial. Moreover, an express statement should also be set forth that withdrawal of a prosecution has the same effect as nol pros.