Can a case be withdrawn after a minor injury has been settled, and can a case be withdrawn after a m

If the public security organs file a case for investigation, and during the investigation phase, the public security organs find that the circumstances are obviously minor and the harm is not great, and do not consider it a crime, the public security organs will directly withdraw the case after the criminal settlement. During the review and approval of arrest phase, where the circumstances are obviously minor and the harm is not great, and it is not considered a crime, the procuratorate makes a decision not to approve the arrest, and the public security organs are to withdraw the case. During the review for prosecution phase, where the circumstances are obviously minor and the harm is not great, and it is not considered a crime, after the criminal settlement is made, the procuratorate is to make a decision not to prosecute, return the case to the public security organs, and the public security organs withdraw the case.

However, not all cases where intentional injury causes minor injuries can be withdrawn, and only cases where the circumstances are minor and the harm is not great is not great, and the decision on whether to withdraw the case rests with the case-handling organ. If a private prosecution case is accepted by a people's court, the private prosecutor may, in principle, withdraw the private prosecution and withdraw the case before the judgment is announced.

If the two parties reach a settlement, the case may not necessarily be withdrawn, but it can be dealt with leniently.

Code of Criminal Procedure.

Article 279: In cases where a settlement agreement is reached, the public security organs may submit a recommendation for leniency to the people's procuratorate. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute. The people's court may give a lenient punishment to the defendant in accordance with law.

Civil can be withdrawn. Has it been prosecuted? It is the one prosecuted by the procuratorate, and the one that is prosecuted to the end regardless of whether the parties are reconciled or not.

Legal Analysis: If a minor injury case is settled, the public security organ may not withdraw the case. If the public security organ files a case that is suspected of intentional injury, the case can only be revoked if the conditions are met, so it is a criminal prosecution case, and the victim does not have the right to revoke it, and the public security organ can withdraw the case only if it does not constitute a criminal case based on the results of the investigation.

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.

Article 277:In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making formal apologies, and the victim voluntarily settles, both parties may settle: (1) Where a criminal suspect is suspected of a crime provided for in Chapters 4 or 5 of the Criminal Law's Special Provisions due to a civil dispute, and a sentence of up to 3 years imprisonment might be given; (2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

If the victim does not make an injury appraisal and mediate privately, can he withdraw the case and answer the other party's second-degree minor injury, and the police station files a case, and if the other party's understanding is obtained and the procuratorate does not pursue criminal responsibility, it can be revoked.

Ask how the procuratorate is pursuing criminal responsibility.

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RevocationIn civil litigation, when the parties reach a settlement agreement and the court confirms it, it is generally possible to dismiss the previous lawsuit or application. However, it should be noted that whether the case can be withdrawn will be judged according to the specific circumstances of the case.

Can the case be dismissed after a minor injury settlement?

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Can be revokedIn civil litigation, when the parties reach a settlement agreement and the court confirms the inclusion of pants, it is generally possible to withdraw the previous lawsuit or application. However, it should be noted that whether the case can be withdrawn will be judged according to the specific circumstances of the case.

According to laws and regulations, the following aspects need to be considered as to whether the case can be withdrawn after the minor injury settlement: whether a settlement agreement has been reached

It is only when the parties have reached a settlement agreement and it has been confirmed by the court that it is possible to withdraw the previous complaint or application. Whether it is a public prosecution case: If the case is a public prosecution case, then even if the parties have reached a settlement agreement, it is not necessarily possible to drop the prosecution, as this requires the consent of the public prosecution authority.

Whether the withdrawal period has passed: If the withdrawal period has passed, it may not be possible to withdraw the previous lawsuit or the application for a loss, even if the parties have reached a settlement agreement. Therefore, the issue of whether the case can be withdrawn after the minor injury settlement needs to be analyzed on a case-by-case basis.

Summary. Legal basis: Article 234 of the Criminal Law Whoever intentionally harms the body of another person shall be sentenced to up to three years imprisonment, 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.

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Causing minor injuries to others, in accordance with the law, repentance is a case that can be prosecuted and can be prosecuted privately. If the party wants to withdraw the case, he can apply to withdraw the case, and the police station will also agree to withdraw the case. If the parties do not apply for the withdrawal of the case, the police station will not take the initiative to withdraw the case.

Legal basis: Article 233 of the Criminal Law provides 14 for intentionally harming the body of others, and 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 and causes serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. If there are other provisions in this Law, follow the provisions.