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Does the procuratorate have to sign if they don’t want to prosecute?

Legal analysis:

If the procuratorate does not prosecute, it generally does not require an individual to sign. If the procuratorate does not prosecute, the signature of the person in charge of the procuratorate is required. After review and prosecution, if it is deemed necessary to proceed without prosecution, the prosecutor handling the case shall write a review report, which shall be reviewed by the department head and reported to the chief prosecutor for a decision or submitted by the chief prosecutor to the procuratorial committee for discussion and decision, and then kept on file.

Legal basis:

"Criminal Procedure Rules of the People's Procuratorate" Article 376: After reviewing the case, the case handlers shall prepare a case review report and file a lawsuit or not. The opinions on whether to file an accompanying civil lawsuit shall be reviewed by the person in charge of the public prosecution department and submitted to the chief prosecutor or the procuratorial committee for decision. If the case handler believes that a sentencing recommendation should be made to the People's Court, he or she may put forward sentencing opinions in the review report or sentencing recommendation and submit them together for a decision. Except for those cases that should be discussed and decided by the Procuratorial Committee as stipulated in these Rules, the Chief Procurator may directly make a decision on whether to prosecute or not to prosecute cases handled by the Chief Procurator.