1. Prepare relevant materials: including the application for withdrawing the case, the original application for filing the case, the appraisal certificate, etc.
2. Submit the application for withdrawing the case: submit the prepared application for withdrawing the case and related materials to the filing court, which can be submitted by mail, fax or in person;
3. Waiting for the court's approval: the court will review the application materials and decide whether to agree to withdraw the lawsuit. If the court agrees to withdraw the lawsuit, it shall issue a written decision on withdrawal.
The conditions for filing a case include the following aspects:
1. Litigant: The premise of filing a case is that a party with the qualification of litigator files a lawsuit or applies. In civil litigation, the subject of litigation is generally a natural person, legal person or other organization;
2. Litigation request: the parties must make a clear litigation request, that is, the specific requirements for requesting the people's court to protect their legitimate rights and interests according to law;
3. Litigation facts and evidence: the parties must provide facts and evidence related to the litigation request, and provide evidence and cross-examination in accordance with legal procedures;
4. Object of action: The object of action refers to the right or obligation of the parties to request the people's court to make a judgment according to law in litigation. In civil litigation, the object of litigation is generally property rights or personal rights;
5. Procedural requirements: the parties must abide by the procedural requirements stipulated in the Civil Procedure Law, such as the format of the complaint, the way of delivery, and the time limit for responding to the lawsuit.
To sum up, under the premise of meeting the above conditions, the lawsuit or application filed by the parties must comply with the provisions of laws and regulations, and it does not belong to the case of inadmissibility as stipulated by laws and regulations.
Legal basis:
Article 163rd of the Criminal Procedure Law of People's Republic of China (PRC)
In the course of investigation, if it is found that the criminal suspect should not be investigated for criminal responsibility, the case should be dismissed; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.
Article 16
The principle of non-prosecution according to law is under any of the following circumstances. If criminal responsibility is not pursued, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or innocence shall be declared:
(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.