Criminal case withdrawal procedure

Criminal case withdrawal process: 1. In the investigation stage, if the public security organ thinks that the circumstances are obviously minor and the harm is not great, it is not considered a crime. After the criminal reconciliation, the public security organ shall report to the procuratorate not to prosecute; 2. The procedure at the procuratorate stage is similar to that at the court stage. If the circumstances are obviously minor and the harm is not great, it shall not be deemed as a crime. The procuratorate can directly make a decision not to prosecute, and the court can make a verdict of innocence; 3. The victim of a criminal case has no right to withdraw the lawsuit. Only when the facts of the case are ascertained and the public security law considers it necessary to withdraw the lawsuit can the lawsuit be withdrawn.

According to the withdrawal situation:

1. The plaintiff or appellant fails to pay the legal fees on time.

2. The plaintiff refuses to appear in court after being summoned by a summons without justifiable reasons.

The plaintiff withdrew from the court without the permission of the court.

4. The plaintiff shall pay the case acceptance fee in advance, and the people's court shall notify him to pay it in advance, and if he still fails to pay the litigation fee after being notified, or fails to pay the litigation fee without the approval of the people's court, it shall be rejected.

5. If the legal representative of the plaintiff without civil capacity refuses to appear in court after being summoned by the court without justifiable reasons, the prosecution may be dismissed.

6. If a third person with independent claim is summoned by a court summons, refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court, it may be treated as withdrawal; If a third person who has no independent claim refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court, it will not affect the trial of the case; A case that can be handled as a withdrawal according to law, if the parties have illegal acts that need to be handled according to law, the court may not handle the case as a withdrawal.

A civil action can be withdrawn after it is filed, and the plaintiff can exercise this right as long as the sentence is pronounced. Moreover, even if the lawsuit is not voluntarily withdrawn, if the above-mentioned withdrawal occurs, it is also regarded as withdrawal.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 15 of the Criminal Procedure Law of People's Republic of China (PRC)

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 trial shall be terminated, or the case shall be declared innocent: (1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime; (two) the crime has passed the limitation period; (3) Being exempted from punishment by an amnesty order; (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law; (5) The criminal suspect or defendant dies; (six) other laws and regulations shall be exempted from criminal responsibility.