My husband has been arrested for intentional injury, can the case be withdrawn if the other party fo

If a case has already been filed, the case may not be withdrawn unless it is found that the criminal suspect should not be held criminally responsible, but if the statutory conditions are met, the procuratorate may strive for non-prosecution.

Article 161:Where, in the course of investigation, it is discovered that criminal responsibility of the criminal suspect should not be pursued, the case shall be withdrawn; Where a criminal suspect has already been arrested, he shall be immediately released, a certificate of release shall be issued, and the people's procuratorate that originally approved the arrest shall be notified.

Article 173: Where the criminal suspect has no facts of a crime, or has any of the circumstances provided for in Article 15 of this Law, the People's Procuratorate shall make a decision not to prosecute.

Where the circumstances of the crime are minor and it is not necessary to give a criminal punishment or waive a criminal punishment in accordance with the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.

Article 15: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or not guilty

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;

5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility.

Generally, the case will not be withdrawn directly, and when it can be used as a mitigating circumstance, the specific outcome of the case depends on the specific circumstances of the case. Hope!

Legal analysis. In criminal cases, the prosecution will not be withdrawn because the victim issued a letter of understanding, and the victim's issuance of a letter of understanding may be considered as a sentencing circumstance. When the people's procuratorate confirms through review that the facts of the crime are clear and the evidence is credible and sufficient, and that the criminal suspect shall be pursued for criminal responsibility, the procuratorate submits the criminal suspect to the people's court in accordance with the law, requesting that he be tried physically, convicted, and sentenced in a criminal case that has already been investigated.

Cases that require a public prosecution at the end of the investigation must be transferred to the people's procuratorate, and the people's procuratorate will review and decide whether to initiate a public prosecution. The right to initiate a public prosecution is enjoyed by the people's procuratorate, and no other organ, group, or individual has the right to initiate a public prosecution. If the subject initiating a public prosecution is specific, and the corresponding entity withdrawing the prosecution is specific, the procuratorate can only withdraw the prosecution.

Legal basis

Article 3 of the Criminal Procedure Law of the People's Republic of China: The public security organs are responsible for the investigation, detention, execution of arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the investigation and initiation of public prosecutions in cases directly accepted by the procuratorate, the approval of arrests, and the procuratorial organs. The people's courts are responsible for trials.

Except as otherwise provided by law, no other authority, group or individual has the right to exercise these powers.

Article 5 of the Criminal Procedure Law of the People's Republic of China: People's courts independently exercise adjudication power in accordance with the provisions of law, and the people's procuratorates exercise procuratorial power independently in accordance with the provisions of law, and are not subject to interference by administrative organs, social groups, or individuals.

Article 6 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs must rely on the masses in conducting criminal proceedings, must be based on facts, and must be based on the law. All citizens are equal in the application of the law, and no privileges are allowed before the law.

Article 51 of the Criminal Procedure Law of the People's Republic of China: The people's procuratorate bears the burden of proving that the defendant is guilty in a public prosecution case, and the burden of proof that the defendant is guilty in a private prosecution case is borne by the private prosecutor.

According to the provisions of China's Criminal Procedure Law, some specific criminal cases can be settled, and reconciliation refers to the situation in which the criminal suspect in the case obtains the victim's forgiveness and strives for leniency after making compensation and apologizing to the victim.

Whether or not the case can be withdrawn after obtaining the other party's forgiveness in a criminal case depends on the specific circumstances of the case

1. Where a criminal case is settled, and both parties sign a settlement agreement, if the circumstances of Rangchang's crime are relatively minor, the procuratorate may make a decision not to prosecute.

2. After the settlement of the criminal case, the two parties sign a settlement agreement, but the circumstances of the crime are relatively serious and it is necessary to pursue criminal responsibility, the case cannot be revoked, but the criminal may be commuted or given a lighter punishment.

3. In the case of a private prosecution case, the private prosecutor may withdraw the prosecution after the two parties reach a settlement agreement through mediation by the court.

Through the above analysis, if the parties to a criminal case reach a settlement agreement, whether the case can be withdrawn depends on the nature of the case and the circumstances of the crime, and if it is a private prosecution case, the case can generally be withdrawn.

Legal analysis: If the crime of intentional injury is constituted, the other party will be forgiven and sentenced. However, if the other party's forgiveness is obtained, the defendant may be given a lenient disposition at sentencing, and as for the specific sentence, the court shall also make a judgment in accordance with law on the basis of the specific circumstances of the crime, the degree of harm caused to society, and the parties' attitude of admitting guilt and repentance.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.