Li Hua, 21 years old, is a student at a university in Yancheng. In April this year, due to financial difficulties, she stole her roommate's bank card and withdrew 2000 yuan. Afterwards, Li Hua turned herself in at the police station. Thinking about the upcoming expulsion, sentencing, imprisonment, and possibly ruined future, Li Hua felt desperate. Unexpectedly, the Tinghu District Procuratorate of Yancheng City, based on the newly implemented "Provisional Regulations on Conditional Non-prosecution for Minor Criminal Cases," decided that within six months of observation, if Li Hua does not fail any subjects, regularly participates in public welfare activities, and abides by laws and regulations, then after the observation period, prosecution may be waived. With the start of school on September 1st, Li Hua, now in her third year, has entered the observation period. However, this decision has also sparked much controversy.
Misstep ——
College Student Steals 2000 Yuan from Roommate
Li Hua is a student at a university in Yancheng, from a financially struggling family. One day in April this year, due to financial difficulties, Li Hua, who was then in her second year, took advantage of the absence of her roommates to steal her friend Xiao Wang's bank card from her wallet. Relying on the password she had memorized, she went to an ATM and withdrew 2000 yuan. Xiao Wang, upon discovering the loss of her bank card and noticing the missing money, quickly reported it to the police.
For days, Li Hua lived in fear, unable to bear the guilt, and voluntarily turned herself in at the police station, truthfully confessing her crime and returning all the stolen money to her friend. After being released on bail by the police, Li Hua realized the severity of the situation: expulsion, sentencing, imprisonment... She didn't dare to think further: her parents and relatives had worked hard to send her to university; her two years of college life, her few close friends, and her bright future would all be lost.
Feeling ashamed to face her parents, Li Hua fell into despair, crying bitterly several times and writing a letter of repentance saying, "Please save me, prosecutor. I will study hard and become a useful person to society, family, and school." Faced with Li Hua's sincere repentance, the case-handling prosecutor Zhang Hongyun felt heavy-hearted. Through reviewing the case, visiting the school and her family, she found that despite Li Hua's difficult family circumstances, she had always performed well, diligent and ambitious. Due to a momentary lapse, she committed a crime, which was regrettable. Considering that Li Hua was a first-time offender, had surrendered voluntarily, returned the stolen money, and given her personal circumstances, in order to not ruin the future of this college student and give hope to this struggling family, the prosecutor proposed a "conditional non-prosecution" handling opinion, which was approved.
In August, the prosecutor announced this decision of "replacing punishment with kindness" to Li Hua. The observation period was six months. In this semester's final exams, Li Hua could not fail any subjects and must successfully obtain all the credits for the year; she must regularly participate in collective and public welfare activities organized by the school; and she must abide by laws and regulations. After the observation period, prosecution can be waived.
A three-person assistance group consisting of a grade counselor, school security personnel, and a professional course teacher was simultaneously established to conduct regular evaluations of Li Hua. The prosecutor coordinated with the school to secure part-time work-study opportunities for Li Hua and arranged for a student loan, allowing her to focus on her studies. The case handlers and teachers and students of the university also donated over 1500 yuan to help her out of her predicament.
Controversy ——
Would "Replacing Punishment with Kindness" Lead to "Extrajudicial Favor"?
Supporters Say:
It Can Serve as a Moral Guidance
The prosecutor told reporters that regarding the theft committed by Li Hua, if it were to enter the prosecution phase, she might not be sentenced or might receive a suspended sentence. Once sentenced to a suspended sentence, there would definitely be a record of criminal punishment in her file, greatly affecting her career prospects after graduation. Now, with "replacing punishment with kindness," only a few people at the school know, and there is no record of criminal punishment in her file. After graduation, this girl from a struggling family will also have more space.
Regarding this, a teacher from a university in Yancheng expressed that this is not merely handling the case but starting from the suspect's personal circumstances, implementing "replacing punishment with kindness" for this minor crime. This approach can better serve as a moral guidance, helping those who have made mistakes sincerely repent, achieving unity between legal and social benefits. He believed that compared to simple prosecution, this method can save a person more effectively.
Critics Say:
"Replacing Punishment with Kindness" May Breed Corruption
There are also critics. A lawyer told reporters that as a legal remedy system, current laws only stipulate that for crimes with minor circumstances that do not require criminal penalties, prosecution may be waived, but there is no explicit definition of "conditional non-prosecution" itself, leaving the procuratorate's actions lacking legal basis, which is a "hard injury." Ms. Liu from Nanjing also raised that judging whether someone genuinely repents based solely on behavior during a six-month observation period is insufficient.
Some people are worried that "replacing punishment with kindness" has been piloted for many years but has never been widely implemented, one reason being concerns that this "kind act" might be exploited, especially opening a Pandora's box for the powerful and wealthy to escape punishment, even potentially breeding corruption. (The female college student in the article is a pseudonym.)
Conditional Non-prosecution
It is introduced that now many places in China are piloting the "conditional non-prosecution" system. This refers to the procuratorate temporarily not making a decision for suspects who meet certain conditions and should bear criminal responsibility (usually for minor crimes), instead setting certain conditions (including time-bound conditions) for evaluation. Conditional non-prosecution generally applies to minors, the elderly, students, the blind, deaf, mute, seriously ill patients, or pregnant and breastfeeding women. For other occasional offenders with minor social hazards, who may be sentenced to less than three years of fixed-term imprisonment, control, detention, or single fine, it can also apply.