Legal analysis
The conditions for withdrawing a criminal case include: no criminal facts found after examination, insufficient evidence, the plaintiff's decision not to pursue responsibility or no private prosecution case, but the specific content needs to be judged according to the specific circumstances of the case, and not all cases can be withdrawn. If the people's courts, people's procuratorates and public security organs find that the compulsory measures taken against criminal suspects and defendants are improper, they shall promptly revoke or change them. If the public security organ releases the arrested person or changes the arrest measures, it shall notify the people's procuratorate that originally approved it. In the course of investigation, if it is found that the criminal suspect should not be investigated for criminal responsibility, the case shall be dismissed; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest. After the public security organ makes a decision to dismiss the case, it shall notify the original criminal suspect, the victim or his near relatives, legal representative and the case transfer organ within three days. After the public security organ decides to terminate the investigation, it shall notify the original criminal suspect within three days. If it is necessary to cancel the case or terminate the investigation of the criminal suspect, the case-handling department shall make a report on the cancellation of the case or termination of the investigation of the criminal suspect and report it to the person in charge of the public security organ at or above the county level for approval. When the public security organ decides to dismiss the case or terminate the investigation of the criminal suspect, if the original criminal suspect is in custody, he shall be released immediately and issue a release certificate. If the original criminal suspect is arrested, it shall notify the people's procuratorate that originally approved the arrest. If other compulsory measures are taken against the original criminal suspect, the compulsory measures shall be lifted immediately; If administrative treatment is needed, it shall be handled according to law or handed over to the relevant departments for handling. The seized or detained property and its documents, or the frozen property, shall be released from seizure, seizure and freezing unless otherwise handled in accordance with laws and relevant regulations.
legal ground
Article 15 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Criminal suspects and defendants who voluntarily and truthfully confess their crimes, admit the alleged criminal facts and are willing to accept punishment may be treated leniently according to law. Articles 8 and 11 of the Decision of the National People's Congress on Amending the Criminal Procedure Law of People's Republic of China (PRC) are changed to Article 15, in which the provision that "in any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the case shall be declared innocent" is amended to read: "In any of the following circumstances, criminal responsibility shall not be investigated and the case shall be dismissed. Item 6 is amended as: "(6) Other laws provide for exemption from criminal responsibility. "