Conditions for dismissing a case

The condition for withdrawing the case is that if the public security organ finds that the criminal suspect should not be investigated for criminal responsibility after investigation, it will withdraw the case; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate, and notified to the procuratorial organ that originally approved the arrest. The conditions for withdrawing the case include: insufficient evidence to find the criminal suspect or defendant guilty; If the circumstances are obviously minor and the harm is not great, it is not recognized as a crime, and the crime has been exempted from criminal responsibility by other laws and regulations such as the limitation of prosecution.

First, the withdrawal of a case after filing a case is the withdrawal of a criminal case. 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, the harm is not great, and it is not considered a crime;

2, the crime has passed the limitation period;

3. Exemption from punishment through Amnesty;

4, in accordance with the criminal law to deal with the crime, did not tell or withdraw to tell;

5. The criminal suspect or defendant dies;

6, other laws and regulations shall be exempted from criminal responsibility.

Two, according to the withdrawal of the case as follows:

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.

Legal basis: Article 162 of the Criminal Procedure Law of People's Republic of China (PRC). When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case. If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred with the case, and the relevant information shall be stated in the prosecution opinion.