Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 79? People's courts, people's procuratorates and public security organs shall not release criminal suspects and defendants on bail for more than twelve months, and shall not keep them under residential surveillance for more than six months.
During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.
Conditions for criminal withdrawal
1) The person who applies for withdrawing the lawsuit must be the plaintiff or the entrusted agent specially authorized by the plaintiff.
A plaintiff with no capacity for litigation shall file a lawsuit by his legal representative, and other participants in the lawsuit shall not withdraw.
2) The application for withdrawal must be voluntary.
Withdrawal of the lawsuit is the plaintiff's action to dispose of the litigation rights, and the principle of voluntariness must be adhered to. Forcing the plaintiff to withdraw the lawsuit is not allowed by law. Forcibly mobilizing the plaintiff to withdraw the lawsuit and conditionally withdrawing the lawsuit violate the principle of voluntariness and are not allowed.
3) The application for withdrawal must comply with the law.
In other words, the withdrawal of a lawsuit shall not infringe upon the legitimate rights and interests of the state, the collective or others, and shall not evade the law or attempt to evade legal sanctions.
4) The application for withdrawing the lawsuit must be filed before the people's court pronounced the sentence, and the plaintiff cannot withdraw the lawsuit after the sentence is pronounced.