According to whether it is a case of private prosecution or a case of public prosecution, the investigation by public security organs is a state act, not a private act, and it cannot be reconciled by private individuals who want to mediate, and private individuals shall not interfere.
Belonging to a case of private prosecution, Article 172 of China's Criminal Procedure Law stipulates that "mediation can be conducted, and the private prosecutor can reach a settlement with the defendant or withdraw the private prosecution before the judgment is pronounced."
Public prosecution cases that have been put on file must be investigated by public security organs. After investigation, the public security organ decides not to file a case if it does not constitute a crime. The victim can accept mediation on the incidental civil part of a criminal case.
According to the relevant provisions of China's "Procedures for Handling Criminal Cases by Public Security Organs", after filing a case, if there is no criminal fact after investigation, or if the circumstances are minor and the harm is not great, it is not considered a crime, or if the limitation of prosecution has expired, the case should be dismissed.
According to Article 15 of the Criminal Procedure Law, 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:
(a) if the circumstances are obviously minor and the harm is not great, 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.
After investigation, it is found that there are criminal facts that need to be investigated for criminal responsibility, but they are not committed by criminal suspects who have filed a case for investigation, or some criminal suspects in the same criminal case are not enough for criminal punishment, the investigation of relevant criminal suspects shall be terminated and the case shall be continued.
In fact, there is no need to dismiss a case that has not been filed. If it is left like this, the police will not investigate, because there is no standard for filing a case, and most of them will ignore it. After the report is not filed, the informant wants to cancel it, fearing that the false report will be punished. If necessary, he can consult a lawyer for a solution.