How to withdraw the case after the Public Security Bureau opens the case

Article 15 of the Criminal Procedure Law of the People s Republic of China shall not be investigated for criminal responsibility in any of the following circumstances. If the case has already been investigated, the case shall be withdrawn, or no trial shall be instituted, or the trial shall be terminated or acquitted:

The withdrawal of a case after it is filed is the revocation of a criminal case. In one of the following cases, no criminal liability will be pursued. If the case has been pursued, the case should be withdrawn, or no prosecution, termination of trial, or acquittal:

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; if the criminal suspect has been arrested, he should be released immediately, a release certificate shall be issued, and the people s procuratorate that originally approved the arrest shall be notified.

(2) For a case to be dismissed, the public security organ shall report to the superior for review and approval, and then write a report on the case to be dismissed. When handling procuratorial criminal cases that are directly accepted by the procuratorial organs, the defendant may decide to dismiss the case if the defendant should not be investigated for criminal responsibility according to law. For cases that are decided to be dismissed, a decision to dismiss the case shall be made. The public security organ shall write a Notice of Cancellation of the Case for the case decided to be dismissed and submit it to the procuratorial organ.

(2) The party s application for withdrawal refers to the act of the plaintiff requesting to withdraw his lawsuit after the people s court accepted the case and before the verdict was pronounced. To apply for withdrawal of the lawsuit, that is, after the plaintiff accepts the case and accepts the case, before the judgment is delivered, the plaintiff requests the people s court to withdraw his lawsuit in writing or orally.

(1) The applicant must be the plaintiff, the appellant and its legal agent, and the litigation agent specially authorized by the plaintiff may also file an application for withdrawal; a third person with independent right of claim may also apply for withdrawal. However, the application of the third party with an independent claim for withdrawal of the lawsuit will not affect the proceeding of this lawsuit between the plaintiff and the defendant.

(2) The withdrawal of the lawsuit must be voluntary by the plaintiff. The application for withdrawal of the lawsuit is the act of the plaintiff disposing of his substantive and litigation rights. Unless the plaintiff has a clear intention, no one shall force the plaintiff to apply for withdrawal of the lawsuit, and the judges shall not use any excuse to mobilize the plaintiff to apply for withdrawal of the lawsuit.

(3) The withdrawal must be lawful. The time for applying for withdrawal must be after the court has accepted the case and before the judgment is pronounced; the person applying for withdrawal must be a person who has the right to apply for withdrawal; the application for withdrawal must not be evaded by law in the entity, and must not violate the provisions of the existing laws and regulations. It must not be detrimental to the interests of the state, the collective and others.

(4) The withdrawal of a lawsuit must be ruled by the people s court. The parties must exercise the right of punishment within the scope permitted by law. The plaintiff s application for withdrawal of the lawsuit shall be reviewed by the people s court in accordance with the law. If the application meets the conditions, a ruling shall be permitted and the case shall be terminated; if the application does not meet the conditions, the application shall be rejected and the case shall be continued. Regardless of whether the withdrawal is permitted or not, the parties must be notified in a ruling. In addition, the Supreme People s Court s Civil Prosecution Opinion clearly stipulates that after a third person with independent claim right participates in the lawsuit, the plaintiff applies for withdrawal of the lawsuit. After the people s court allows the plaintiff to withdraw the lawsuit, the third person with independent claim right shall be the plaintiff in another case The plaintiff and def endant acted as separate defendants, and the lawsuit was conducted separately. In cases where the parties apply for withdrawal of the lawsuit, the court may not allow the withdrawal of the lawsuit if the parties have committed an illegal act that needs to be handled in accordance with the law.

That is, although the plaintiff did not file an application for withdrawal, his certain actions in the lawsuit have shown that he is unwilling to proceed with the civil lawsuit. Therefore, the court decided to cancel the case of non-trial.

The plaintiff shall pay the case acceptance fee in advance, and the people s court shall notify him of the advance payment. If the notice is still not paid, or the application for suspension, reduction, or exemption of the litigation costs without the approval of the people s court shall be handled as withdrawal.

A third person who has the right of independent claim shall be summoned by the court and refused to appear in court without proper reasons or withdraw from the court without the permission of the court, and the case may be dismissed. The presence of the court, or the withdrawal of the court without the court s permission, does not affect the trial of the case; cases that can be dealt with according to law can be dismissed.

Leave a Reply

Your email address will not be published. Required fields are marked *