1. Can criminal cases be withdrawn from investigation?
Generally, a criminal case cannot be dismissed directly if it is dismissed once. Unless the public security organ cannot supplement new evidence within the statutory time, it can only reject the case. According to legal provisions, the supplementary investigation should be completed within one month. The number of supplementary investigations is limited to two times; if the People's Procuratorate still considers that the evidence is insufficient and does not meet the conditions for prosecution in a case subject to the second supplementary investigation, it shall make a decision not to prosecute. When the People's Procuratorate examines a case, it may return it to the public security organ for supplementary investigation, or it may conduct its own investigation.
According to the provisions of Article 175 of the Criminal Procedure Law, if the People’s Procuratorate still believes that the evidence is insufficient and does not meet the conditions for prosecution, it shall make a decision not to prosecute.
2. What is the process of criminal case handling?
1. Investigation
The public security organs may criminally detain current offenders or major suspects. Detainees must be questioned within 24 hours of detention. After the criminal suspect is interrogated for the first time by the investigation agency or from the date when compulsory measures are taken, a criminal suspect may hire a lawyer to provide him with legal knowledge and represent him in appeals and accusations. The entrusted lawyer has the right to learn from the investigative agency about the charges against the criminal suspect, and may meet with the criminal suspect in custody to learn about the relevant situation from the criminal suspect.
If the public security organ deems it necessary to arrest a detained person, it shall submit the matter to the People's Procuratorate for review and approval within three days of detention. Under special circumstances, the approval time may be extended by one to four days. For major suspects who commit crimes on the fly, commit crimes multiple times, or conspire to commit crimes, the time for review and approval can be extended to 30 days. The People's Procuratorate shall make a decision to approve or disapprove the arrest within seven days after receiving the approval letter from the public security organ. If the People's Procuratorate does not approve the arrest, the public security organ shall release the person immediately upon receiving the notice and promptly notify the People's Procuratorate for execution. If a criminal suspect is arrested, the hired lawyer can apply for release on bail pending trial.
The period of investigation and detention by the public security organs after arresting a criminal suspect shall not exceed two months. If the case is complex and cannot be concluded within the time limit, it may be extended by one month with the approval of the People's Procuratorate at the next higher level.
2. Review and prosecution
From the date the case is transferred for review and prosecution, the criminal suspect has the right to entrust a defender. The People's Procuratorate shall, within three days from the date of receipt of case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender. Starting from the date when the People's Procuratorate examines the prosecution case, defense lawyers may review, excerpt, and copy the litigation documents and technical appraisal materials of the case, and may meet and communicate with criminal suspects in custody. The People's Procuratorate shall make a decision within one month on cases transferred for prosecution by the public security organs. For major and complex cases, the extension may be extended by half a month.
If the People's Procuratorate believes that the criminal suspect's criminal facts have been ascertained, the evidence is reliable and sufficient, and criminal responsibility should be investigated in accordance with the law, it shall make a decision to prosecute and file a public prosecution in the People's Court in accordance with the provisions of trial jurisdiction.
3. Experiment
Since the People's Court accepted the case, the defense lawyer can review, excerpt, and copy the materials charging the criminal facts in the case, and can meet and communicate with the defendant in custody. At trial, the defense attorney defends the defendant.
3. Which cases are criminal cases?
Cases that violate criminal law and cases that require prosecution are criminal cases. The law has specific provisions on this, that is, criminal cases refer to cases in which the perpetrator's behavior violates the relevant provisions of the criminal law and the state conducts investigations, trials and criminal sanctions in order to investigate the criminal liability of criminal suspects and defendants. However, criminal cases generally only include cases with criminal consequences, and cases that harm the United States are generally not included.
Article 1 of the Criminal Law of the People's Republic of China: In order to punish crimes and protect the people, this law is formulated in accordance with the Constitution and in combination with my country's specific experience in fighting crime and the actual situation. Article 2 The task of the People's Republic of China and the Criminal Law of the People's Republic of China is to combat and punish all criminal acts in order to safeguard national security, the power of the people's democratic dictatorship and the socialist system, state-owned property and property collectively owned by the working people, and citizens Privately owned property, citizens' personal rights, democratic rights and other rights, social and economic order and the smooth progress of socialist construction.
The above is the relevant content compiled for you on whether criminal cases can be withdrawn from investigation. We know from this that criminal cases cannot be withdrawn after prosecution, and only private prosecutions can be withdrawn. When it comes to withdrawing criminal cases, relevant regulations must be clarified. This knowledge is a bit complicated, but it is also important.