First, understand the concept of filing a case.
Filing a case refers to the litigation activities in which the public security organ, the people's procuratorate or the people's court and other judicial organs, after reviewing the materials of reporting, accusing, reporting and surrendering in accordance with their jurisdiction, think that there are criminal facts that need to be investigated for criminal responsibility and decide to investigate or try as a criminal case. Filing a case is the initial stage of criminal proceedings, which indicates that the case has officially entered the judicial process.
Second, the possibility of withdrawing the case before filing the case.
In the case that the case has not been filed, the parties usually have more autonomy and choice. For example, in a civil dispute, if both parties reach a settlement before filing the case, they can withdraw the lawsuit application and stop the further escalation of the dispute. In the criminal field, if the informant or accuser decides not to pursue the case before filing the case, he can also apply to the relevant authorities for cancellation.
However, it should be noted that not all cases can be dismissed before filing. In some cases involving public interests or serious violations of the law, even if the parties file an application for revocation, the judicial organs can conduct a review according to law and decide whether to file a case. In addition, some cases may have had irreversible legal consequences before filing, such as the evidence has been fixed and the investigation has begun. It may be difficult to dismiss the case at this time.
Three. Ways and procedures of withdrawing a lawsuit
If the parties decide to dismiss the case before filing the case, they usually need to submit a written application or an oral application to the relevant authorities. The specific channels and procedures may vary according to regions and types of cases. It is suggested that the parties concerned consult the local judicial organs or lawyers to obtain accurate information.
At the same time, it should be noted that withdrawing the lawsuit does not mean that all relevant legal consequences will disappear. For example, in criminal cases, even if the case is dismissed, relevant evidence and materials may still be retained for future needs. Therefore, before deciding to dismiss the case, the parties concerned should fully understand the possible legal consequences and make a careful decision.
To sum up:
Whether not filing a case can be dismissed depends on the nature and specific circumstances of the case. In some cases, the parties can cancel or terminate the relevant behavior through certain procedures or channels; But in other cases, even if the case is not filed, it may not be directly dismissed. Therefore, when deciding whether to dismiss the case, the parties concerned should fully understand the relevant legal provisions and procedures and consult professional lawyers.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 1 12 stipulates:
The people's court, the people's procuratorate or the public security organ shall, within the jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if it is considered that there are criminal facts that need to be investigated for criminal responsibility, it 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.
People's Republic of China (PRC) Civil Procedure Law
Article 123 stipulates:
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.