关键词: 少捕慎诉慎押, 逮捕, 不起诉, 故意伤害罪, 轻罪案件

Abstract: In the past 20 years, the proportion of serious crimes and violent crimes in China has been declining year after year. Starting in 2020, the Supreme People’s Procuratorate has promoted the concept of "fewer arrests, prosecutions and detentions", which has brought a significant decline in arrest and prosecution rates. In many cases where public prosecutions were finally filed, arrest measures were no longer applicable. Compared with prosecution cases, the nature of minor injury cases that are not prosecuted in the end is mostly milder, but the arrest rate is still relatively high. To further reduce the arrest rate, we need to start with such misdemeanor cases and abandon the concepts of "arrest upon conviction" and "prosecution upon conviction". Based on the analysis of 207 non-prosecution decisions for the crime of intentional injury, it is concluded that factors such as guilty plea, compensation, and victim’s understanding have a significant impact on the applicability of arrest measures, but the rationality of overemphasis on the influence of such compensation factors on arrest is questionable. We should increase the intensity of "fewer arrests" in guilty plea cases, timely change compulsory measures, rationally treat compensation factors, and eliminate misunderstanding of arrest requirements to achieve the implementation and improvement of the "fewer arrests, prosecutions and detentions" criminal justice policy.

Key words: fewer arrests, prosecutions and detentions, arrest, non-prosecution, crime of intentional injury, misdemeanor case