After filing a criminal complaint, it does not mean that all cases are immediately concluded just because the police issued a no prosecution decision for reasons such as 'insufficient evidence.' Since the amendment of the Criminal Procedure Act in 2020, the police have been given the primary authority to conclude investigations, but complainants or victims have the right to file a petition against such decisions. In this post, the law firm Cheongchul will elaborate in detail about the precise meaning of a no prosecution decision, the petition process to lead to a referral to prosecution, and the logic and evidence enhancement strategies that must be prepared to avoid a non-prosecution disposition.

1. Meaning of the No Prosecution Decision: Is the case really over?

Many clients feel disheartened upon receiving a no prosecution decision notification from the police, thinking the case is completely over. However, to conclude, "No, it is not."

With the amendment of the Criminal Procedure Act in 2020, when the police determine that there is insufficient evidence, they can make a no prosecution decision instead of forwarding the case to the prosecutor. However, this is merely a preliminary decision at the police stage. Even if the police make a no prosecution decision, the investigation records are sent to the prosecution. After reviewing these records, the prosecutor may deem the police's decision valid and return the records, only then can the case be provisionally concluded. Hence, a decision at the police stage does not mean that all legal procedures have completely come to an end.

2. Rights of Complainants and Victims: Utilizing the Petition System

Then, how should complainants or victims who disagree with the police's investigation results respond? The law has provided a **'petition system'** for such cases.

By submitting a petition to the police station responsible for the investigation, the police are obliged to refer the case to the prosecution. In other words, through this proactive legal response of filing a petition, one can secure a chance to have the investigation transferred from the police stage to the prosecution stage, thereby receiving another judgment by the investigation agency.

3. Prosecutorial Stage and Possibility of Non-Prosecution after Filing a Petition

Just because a case has been referred to the prosecution through a petition does not mean that prosecution (trial referral) is guaranteed. This is a crucial point where many people misunderstand and need to be cautious.

Once the case is passed to the prosecution, the prosecutor meticulously reviews the case again. However, if the re-evaluation concludes that there is still insufficient evidence, the prosecutor may issue a **'non-prosecution disposition.'** In this case, the outcome can be the same as the police's no prosecution decision. It is important to note that simply emotional appeals or mere dissent will not easily overturn the investigation results.

4. Strategies for a Successful Petition: Enhancing Logic and Evidence

Therefore, thorough strategies are necessary when preparing a petition against a no prosecution decision. One must analyze the reasons for no prosecution stated in the police investigation notification and logically refute the issues in the investigation process or legal misunderstandings.

• Pointing out shortcomings in the investigation: Clearly explain what was missed in the police investigation.

• Submitting Additional Evidence: If there is new evidence that can support existing claims, it is essential to submit it together.

Identifying what was lacking and how it can be legally supplemented can be challenging for an ordinary person to do alone. Therefore, at this stage, the safest and most reliable method is to seek assistance from legal professionals who can accurately grasp the case issues and fill in logical gaps.

If You Need the Assistance of Law Firm Cheongchul

In criminal cases, the outcome can significantly change depending on what strategy is adopted from the initial response to the conclusion of the investigation stage. Especially if you are considering filing a petition against the police's no prosecution decision, it is crucial to find the loopholes in the investigation through the review of a criminal law specialist and to draft a persuasive opinion statement.

Law Firm Cheongchul diligently analyzes investigation records to ensure that the client's grievances are addressed and provides optimal legal solutions. If you find yourself in a daunting situation due to a no prosecution decision, we encourage you to consult with Law Firm Cheongchul to find a way out.