On March 26, 2025, the Supreme Prosecutor, in conjunction with the Ministry of Public Security, promoted the cleanup of “pending cases”, requiring that cases that had not been investigated for a long time be investigated on a regular basis. From the situation announced at the meeting, the public security organs follow the “full chain” principle of combating telecommunication network fraud, that is, when they start to arrest people in a unified operation, they often do not take into account the circumstances of each participant's involvement in the case, the amount of money, the social danger, etc., and arrest dozens of people at one time, hundreds of people, which directly leads to the fact that some participants who are obviously not guilty are innocently involved in the case. This directly leads to some participants who are obviously not guilty being innocently involved in the case. Even though a group of participants were released on bail after 30 days, and one year later, when the bail was lifted and they were not held criminally liable, or even when the main culprits in the same case had long since served their sentences and were sentenced to imprisonment, no comment was made on these participants who did not constitute a crime. Over time, the formation of unresolved “pending cases”. However, long-term “pending cases” pending, may lead to the person concerned can not be normal employment, life, and even be repeated to pursue responsibility.

　　I. Studying abroad in the indefinite future

　　The protagonist of this case, X Mou, after graduating from college, he joined an education company, began his first job, daily sales of English classes. 2021 March, just joined less than a month, the entire company dozens of people were Y City, a branch of the Criminal Investigation Department of the unified arrest, the reason is that the entire company suspected of telecommunication fraud, X Mou has also been put into the detention center. 30 days later, the police will be nothing to know of the ignorant girl X Mou bail, followed by a year, the police will not be able to get a job, and even repeat the responsibility. A year later, the police released X from bail, followed by a year later, and then lifted the bail measures.

　　After learning that the company's boss was sentenced, X Mou thought the case had been closed, so she passed the TOEFL exam with a high score and successfully applied to a well-known foreign college, full of joy and ready to handle the procedures for leaving the country. Unexpectedly, the local immigration department but inquired about X a name with a wire fraud case is still open, directly refused to passport for the matter. In order not to affect the study, X ran around to seek help, but always clueless, at first the police officer said many times that he could not help, to later is no response. Whether it is a telephone inquiry, or on-site counseling, are repeatedly hit a wall. Three years of youth in the blink of an eye, X's schooling has also been wasted. Whenever this matter is mentioned, X can not help but burst into tears, full of confusion and anxiety about the future. Tolerating X's situation, as well as taking into account the circumstances of innocence, we decided to lend a helping hand.

　　Second, the disappearing contractor

　　There are two key points in this case: First, X has no subjective intent and behavior of fraud, and the existing evidence is obviously insufficient; Second, according to the “public security organs for criminal cases procedural provisions” Article 186 of the provisions of the joint criminal participants do not need to be held criminally liable, should be made in the “termination of the decision to investigate”, not just lifting the bail. We started from these two key points, combined with the Supreme Prosecutor, the Ministry of Public Security to promote the “pending cases” clean-up requirements, cases, respectively, to organize the “legal opinion” and “termination of investigation application”.

　　Unfortunately, the next day we came to the criminal investigation detachment once handled the case, although the chief of criminal investigation patiently listened to our views, but unfortunately he did not know about the case four years ago, and told us that we had handled the case of this task force four members have long since left, some have been transferred to the provinces to serve, and some are still on vacation, it is impossible to find a contractor who knows the case. The criminal investigation team leader speculated that may belong to the omitted accomplices, whether the need to deal with another case remains to be verified. In fact, from the criminal procedure, the criminal investigation team leader's concerns are not unreasonable, after all, X is only released from bail, and no final qualitative conclusions. Whether to continue to insist on innocence? Will the police restart the investigation? These issues must be fully considered.

　　Third, whether it is an omitted accomplice, or not guilty?

　　Through our repeated reasoning, the establishment of fraud accomplices, to follow the principle of subjective and objective consistency, not only requires objective participation in a part of the fraud, but also requires the subjective with a common fraud intention, and intention is divided into two aspects of awareness and will. X is only just graduated from a moment of looking for the wrong company, neither recognizes the participation in fraud, and even more so the purpose of the unlawful appropriation of other people's property. On the other hand, the main person in charge of the company has long been re-sentenced to serve a sentence, the case after the public prosecutor and law enforcement agencies to review the determination, basically determined that the existing evidence can not prove that X participated in the implementation of fraud. The most important point, it has been four years, the case handler has long been transferred, the police obviously lack of motivation to handle the case. Based on this, we are even more firmly the belief that the case is not guilty.

　　Fourth, communication is an art

　　Then who to go to next? According to the Ministry of Public Security issued by the “public security organs to receive and file a report on the work of the regulations”, reported to the work of the implementation of the first system of responsibility, since the case is initially accepted by the handling of the case department to deal with, then the closure of the work of the first unit should also be found. Previously, the chief of criminal investigation has revealed the case, when the arrest of X is the jurisdiction of a police station. Therefore, we traveled to the police station, gratifyingly, the leaders attach great importance to, and even the director and political commissar have come to receive. We did not directly express the opinion of innocence, but focused on the plight of X Mou around for help, four years of youth is enough to kill the future of a young man, the leaders have also expressed sympathy. Seeing that the attitude of the police officer eased, we submitted written comments and applications. For our work, a director expressed respect and recognition: “You are indeed well-prepared, but we have not done to terminate the investigation, we still need to ask for instructions from the legal system.”

　　Unexpectedly, the next day, we received the Decision on Termination of Investigation, and the police fully adopted our opinion that there was insufficient evidence and the case was closed without guilt. At present, X has successfully applied for a passport, and will soon leave the country for further study.

　　In reality, insufficient evidence, pending “pending cases” abound, how to effectively and reasonably use the Supreme Prosecutor, the Ministry of Public Security to clean up the system of pending cases, to maximize the interests of the parties involved, in fact, is still worthy of our continuous thinking.