《中华人民共和国刑事诉讼法》没有明确规定免予起诉的决定是由检察机关还是由公安机关公开向被告人和群众宣布,《人民检察院刑事检察工作试行细则》第24条规定:“免予起诉的决定,由人民检察院或者公安机关公开向被告人宣布.”而在当前司法实践中,许多人民检察院由于种种主客观因素没能履行自己的法律职责,绝大部分免予起诉的决定则由公安机关宣布并由他们执行对在押免予起诉被告人的释放.笔者认为,这种状况弊多利少. 第一,公安机关宣布免予起诉的决定,有悖我国刑事诉讼法的立法原意.我国刑事诉讼法虽未明确规定由哪个机关宣布免予起诉的决定,但却明确规定了 The Criminal Procedure Law of the People’s Republic of China does not clearly stipulate that the decision of exempting from prosecution is announced by procuratorial organs or the public security organ openly to defendants and the masses. Article 24 of the Provisional Rules for the Criminal Procuratorial Work of the People’s Procuratorate stipulates: “Exemption from prosecution The procuratorial organ or the public security organ openly announced to the defendant. ”However, in the current judicial practice, many people’s procuratorates failed to fulfill their legal duties due to various subjective and objective factors. The vast majority of decisions that are exempt from prosecution are handled by the police The authorities announced that they should implement the release of the defendants in custody on charges of detention, and the author believes that this situation does more harm than good: First, the decision of the public security organs to declare exemption from prosecution violates the original legislative intent of China’s Criminal Procedure Law. Although the procedural law does not clearly stipulate which organ will declare a decision of exemption from prosecution, it clearly stipulates