Whether the criminal court agrees with the decision of the procuratorate to withdraw the prosecution can be appealed.

According to the provisions of 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), and according to the Model of Court Criminal Procedure Documents (sample) adopted by the the Supreme People's Court Judicial Committee 105 1 meeting on April 6, 1999, a new model of criminal ruling for withdrawing the lawsuit is allowed, that is, model 65438. The defendant refuses to accept the criminal ruling of the people's court allowing the people's procuratorate to withdraw the prosecution and enjoys the right of appeal.