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. This depends on whether it is a private prosecution case or a public prosecution case. The investigation by public security organs is a state act, not a private act. This is not a private matter that can be solved through mediation, and no private person can interfere. If it is a private prosecution case, mediation can be conducted. Before the verdict is pronounced, the private prosecutor may reconcile with the defendant or withdraw the private prosecution. 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 the mediation of the civil part attached to the criminal case.
Legal revocation of criminal public prosecution cases;
1, the circumstances are obviously minor, the harm is not great, and it is not considered a crime;
2, the crime has passed the limitation period;
3. Exemption from punishment through Amnesty;
4, in accordance with the criminal law to deal with the crime, did not tell or withdraw to tell;
5. The criminal suspect or defendant dies;
6, other laws and regulations shall be exempted from criminal responsibility.
Laws and regulations related to withdrawal:
1. If it is necessary to cancel the case or terminate the investigation of the criminal suspect, the case-handling department shall make a decision to cancel the case or terminate the investigation report of the criminal suspect and report it to the person in charge of the public security organ at or above the county level for approval.
2. When the public security organ decides to dismiss the case or terminate the investigation of the criminal suspect, if the original criminal suspect is in custody, he shall be released immediately and issue a release certificate. If the original criminal suspect is arrested, it shall notify the people's procuratorate that originally approved the arrest. If other compulsory measures are taken against the original criminal suspect, the compulsory measures shall be lifted immediately; If administrative treatment is needed, it shall be handled according to law or handed over to the relevant departments for handling.
3. The sealed-up or distrained property, its fruits, documents or frozen property shall be released, unless otherwise handled in accordance with laws and relevant regulations.
4. After the public security organ makes a decision to dismiss the case, it shall notify the original criminal suspect, the victim or his near relatives, legal representative and the case transfer organ within three days.
5. After the public security organ decides to terminate the investigation, it shall notify the original suspect within three days.
6. If the public security organ finds new facts or evidence after withdrawing the case and thinks that there are criminal facts that need to be investigated for criminal responsibility, it shall re-file the case for investigation. If a criminal suspect discovers new facts or evidence after terminating the investigation and believes that there are criminal facts that need to be investigated for criminal responsibility, he shall continue the investigation.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis:
Article 16 of the Criminal Procedure Law shall not be investigated for criminal responsibility under any of the following circumstances. If the investigation has been concluded, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated or acquitted:
(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.