If the procuratorate withdraws the prosecution, the court will not decide whether to allow the withdrawal first, and the procuratorate can make a decision not to prosecute. Please ask the lawyer to an

If the procuratorate withdraws the prosecution, the court will not decide whether to allow the withdrawal first, and the procuratorate can make a decision not to prosecute. Please ask the lawyer to answer. Thank you. According to Article 177 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC): "Before the judgment is announced, if the people's procuratorate requests to withdraw the prosecution, the people's court shall examine the reasons for the people's procuratorate to withdraw the prosecution and make a ruling on whether or not to allow it." The first half of the question is right and the second half is wrong. After the procuratorate withdraws the lawsuit, it may not necessarily make a decision not to prosecute, but may also re-prosecute. According to the fourth paragraph of Article 353 of the Criminal Procedure Rules of the People's Procuratorate: "After withdrawing the prosecution, there is no new fact or evidence, and no prosecution can be initiated." . The "new facts" are the criminal facts not accused in the indictment withdrawn by the procuratorate, and the "new evidence" is the evidence obtained by the procuratorate to prove the defendant's guilt, not the evidence to prove the defendant's innocence or falsehood. Therefore, after the procuratorate withdraws the prosecution, it can re-prosecute, but there are only two situations. First, there is conclusive and sufficient evidence to prove the new fact that the defendant is guilty; Second, the procuratorate re-investigated and obtained sufficient evidence to prove the defendant guilty.