1. There are differences between the two definitions.
(1) Withdrawal of a case refers to a litigation act in which the investigative agency discovers that certain legal circumstances exist in the case filed for investigation, or the original basis for filing the case is denied after investigation.
(2) Termination of investigation refers to the litigation activities that lead to the termination of the case when the People's Court is hearing the case and under the circumstances specified by law, when the trial should not or does not need to be continued.
2. There are differences in the implementation results of the two.
(1) Termination of investigation: Termination of investigation means that after investigation by the public security organs, there is no evidence to prove that the person has committed a crime and the suspect has been eliminated, but there is evidence to prove that the case has criminal facts. The termination of the investigation is only the end of the investigation, but it does not mean that there is no responsibility and guilt.
(2) Withdrawing the case: Withdrawing the case means not investigating, which means innocence or irresponsibility.
3. There are differences between these two execution processes.
(1) To cancel a case, the public security organ shall report it to the superior leader for approval, and then write a case cancellation report.
(2) When the procuratorate handles criminal cases that are directly accepted for investigation, it may decide to withdraw the case against a defendant who should not be held criminally responsible according to law.
(3) According to Article 5 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Compensation Cases", the investigation shall be terminated, the case shall be dismissed, no prosecution shall be initiated, and the person shall be acquitted after the judgment , terminate the pursuit of criminal liability.
Extended data
Criminal Procedure Law of the People's Republic of China
Article 161: If the defense lawyer makes a request before the conclusion of the investigation of the case, the investigative agency shall Listen to the defense attorney's opinion and record it in the record. If the defense lawyer submits written opinions, they shall be attached to the file.
Article 162: When investigating a closed case, the public security organ shall ensure that the criminal facts are clear and the evidence is reliable and sufficient, write a prosecution opinion, and transfer it together with the case file materials and evidence to the people at the same level. The procuratorate will review the decision; at the same time, the criminal suspect and his defense lawyer will be notified of the case transfer status.
If a criminal suspect voluntarily pleads guilty, it shall be recorded in the case and transferred with the case, and the relevant circumstances shall be stated in the prosecution opinion.
Article 163: During the investigation process, if it is discovered that the criminal suspect should not be held criminally responsible, the case shall be withdrawn; the criminal suspect who has been arrested shall be released immediately and a release certificate shall be issued. , and notify the People's Procuratorate that originally approved the arrest.
Baidu Encyclopedia-Withdrawal of the case
China Government Network-Criminal Procedure Law of the People's Republic of China