As for withdrawing the prosecution, it is necessary for the procuratorate to determine that the suspect is underage and exempt from criminal punishment before withdrawing the prosecution. If a criminal suspect can be released on bail pending trial, he shall be released on bail pending trial during the period from the detention of the criminal suspect by the public security organ to his arrest.
Criminal Procedure Law of the People's Republic of China
Article 172
If the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute, file a public prosecution with the people's court in accordance with the provisions of jurisdiction, and transfer the case files and evidence to the people's court.
Extended data:
According to the withdrawal of the lawsuit, that is, although the plaintiff did not apply for withdrawal of the lawsuit, some behavior in the lawsuit has indicated that he is unwilling to continue the civil lawsuit. Therefore, the court decided to cancel the act of not hearing in court according to law.
According to the withdrawal situation:
(1) The plaintiff or appellant fails to pay the legal fees on time.
(2) The plaintiff refuses to appear in court without justifiable reasons after being summoned by summons.
(3) The plaintiff withdrew from the court without the permission of the court.
(4) The plaintiff shall pay the case acceptance fee in advance, and the people's court notifies him to pay it in advance, but fails to pay the litigation fee after being notified, or fails to pay the litigation fee without the approval of the people's court, and it shall be rejected.
(5) If the legal representative of the plaintiff without civil capacity refuses to appear in court after being summoned by the court without justifiable reasons, the prosecution may be dismissed.
(6) If a third party with independent claim is summoned by a court summons, refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit;
If a third person who has no independent claim refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court, it will not affect the trial of the case; A case that can be handled as a withdrawal according to law, if the parties have illegal acts that need to be handled according to law, the court may not handle the case as a withdrawal.
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