Can the public security withdraw the case of direct prosecution?
Can be dismissed;
Article 110 of the Criminal Procedure Law of People's Republic of China (PRC), the people's court, the people's procuratorate or the public security organ shall, within their jurisdiction, promptly review the materials of accusation, complaint, report and surrender, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration. Article 161 In the course of investigation, if it is found that the criminal suspect should not be investigated for criminal responsibility, the case shall 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.
There are two kinds of direct litigation cases:
1. When the public security organ requests arrest, the procuratorial organ decides not to arrest after examination, and then transfers it to prosecution;
2 after full coordination and consultation in advance, the public and procuratorial organs jointly formulate normative documents. When the suspect meets the conditions for direct prosecution, the public security organ will directly transfer him to prosecution without submitting the arrest procedure. For example, dangerous driving cases are generally subject to direct prosecution.
According to the provisions of Articles 159, 160, 16 1 of the Criminal Procedure Law, before the investigation of a case is concluded, the investigation organ shall listen to the opinions of the defense lawyers and put them on record. If a defense lawyer puts forward a written opinion, it shall attach a volume. When the investigation organ writes a prosecution opinion, together with the case file and evidence, it shall transfer it to the people's procuratorate at the same level for examination and decision, and shall also inform the criminal suspect and his defense lawyer of the transfer of the case.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 169 All cases requiring public prosecution shall be examined and decided by the People's Procuratorate.
Article 170 The People's Procuratorate shall, in accordance with the relevant provisions of this Law and the Supervision Law, examine the cases transferred for prosecution by the supervisory organs. If the people's procuratorate considers it necessary to make supplementary verification after examination, it shall return it to the supervisory organ for supplementary investigation, and may make supplementary investigation on its own if necessary.