1. If the procuratorate decides not to prosecute, it can dismiss the case;
If the procuratorate makes a decision to prosecute, then the case cannot be dismissed.
How to cancel the report
1. You can go to the police station and ask whether a case has been filed. In administrative cases, if they have been accepted, then explain the situation to the police. The two sides have reconciled and now the case needs to be dismissed.
2. If it is a serious criminal case, it is necessary to write a decision to cancel the case, and the public security will decide whether to cancel the case. If the police decide not to revoke it, they can issue a letter of understanding at the court session, which can reduce the sentence of the other party.
Legal basis: Article 179th of the Criminal Procedure Law of People's Republic of China (PRC).
If the people's procuratorate decides not to prosecute the case transferred by the public security organ, it shall serve the decision of non-prosecution on the public security organ. When the public security organ thinks that the decision not to prosecute is wrong, it may request reconsideration. If the opinion is not accepted, it can be submitted to the people's procuratorate at the next higher level for review.
Article 289
If the two sides reach a settlement, the public security organ, the people's procuratorate and the people's court shall listen to the opinions of the parties and other relevant personnel, review the voluntariness and legality of the settlement, and preside over the production of a settlement agreement.
Article 290
For cases that have reached a settlement agreement, the public security organ may make suggestions to the people's procuratorate for leniency. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may punish the defendant lightly according to law.