In criminal proceedings, the appellant appeals to the second instance. During the appeal, if the appellant requests to withdraw his appeal, the people's court shall allow it. Therefore, the second instance can drop the lawsuit.
The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC)
Article 383 If the appellant requests to withdraw his appeal within the time limit for appeal, the people's court shall allow it.
At the expiration of the appeal period, if the appellant requests to withdraw the appeal, the people's court of second instance shall, after examination, consider that the facts ascertained in the original judgment and the applicable law are correct and the sentence is appropriate, and shall make a ruling to allow it; If it is believed that the original judgment is indeed wrong, it will not be allowed and will continue to be tried according to the appeal case.
The defendant who was sentenced to immediate execution of the death penalty filed an appeal before the verdict was pronounced in the second instance, and if he applied to withdraw his appeal, it would not be allowed and the case would continue to be tried.
Second, how to appeal criminal cases
According to the relevant provisions of China's criminal procedure law, the defendant, private prosecutor and their legal representatives have the right to appeal to the people's court at the next higher level in written or oral form if they refuse to accept the judgment or ruling of first instance. Defenders or close relatives of the defendant may appeal with the consent of the defendant. The parties to an incidental civil action and their legal representatives may bring a lawsuit against the incidental civil action in the judgment or ruling of our court of first instance.
The time limit for appeals and protests against the judgment is ten days, and the time limit for appeals and protests against the ruling is five days, counting from the second day after receiving the judgment or ruling.
If the victim or his legal representative refuses to accept the judgment of first instance, he has the right to request the people's procuratorate at a higher level to lodge a protest within five days after receiving the judgment.
The people's court of second instance shall not aggravate the defendant's punishment when hearing the case appealed by the defendant, his legal representative, defender or near relative. In the appeal part, the defendant's right to appeal shall not be deprived by any excuse.
From the above analysis, we know that according to the provisions of the judicial interpretation of the Criminal Procedure Law, if the appellant requests to withdraw his appeal during the appeal period, the people's court shall allow it. Therefore, in criminal proceedings, when the second trial is held, the appellant can withdraw his appeal during the appeal period.