Can the procuratorate of criminal second instance withdraw the prosecution?

Of course. The time limit for protest in the second instance of a criminal case is five or ten days. 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 of the local people's courts at all levels, he has the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment.

Local people's procuratorates at various levels shall lodge a protest with the people's court at the next higher level when they think that the judgment or ruling of the people's court at the corresponding level is indeed wrong.

Protests should be made in writing, that is, protests must be made. According to the provisions of the Criminal Procedure Law, local people's procuratorates at all levels should lodge a protest against the judgment or ruling of the people's court of first instance at the same level, and submit a copy of the protest together with the case materials to the people's procuratorate at the next higher level. The people's court of first instance shall, within 3 days after the expiration of the protest, transfer the protest together with the case files and evidence to the people's court at the next higher level, and send a copy of the protest to the parties.

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

Legal basis:

According to article 232 of the Criminal Procedure Law

Local people's procuratorates at various levels lodge protests against the judgments and orders of first instance of the people's courts at the same level through the courts of first instance, and send a copy of the protest to the people's procuratorate at the next higher level. The people's court that originally tried the case shall transfer the protest together with the case file and evidence to the people's court at the next higher level and send a copy of the protest to the parties. If the people's procuratorate at a higher level thinks that the protest is improper, it may withdraw the protest from the people's court at the same level and notify the people's procuratorate at a lower level. Legal basis: Article 232 of the Criminal Procedure Law, local people's procuratorates at various levels shall lodge a protest against the judgment or ruling of first instance of the people's court at the same level through the people's court that originally tried the case, and send a copy of the protest to the people's procuratorate at the next higher level. The people's court that originally tried the case shall transfer the protest together with the case file and evidence to the people's court at the next higher level and send a copy of the protest to the parties. If the people's procuratorate at a higher level thinks that the protest is improper, it may withdraw the protest from the people's court at the same level and notify the people's procuratorate at a lower level.