Can the plaintiff withdraw the lawsuit at the stage of release on bail?

The compulsory measures of release on bail pending trial have been taken, which is a criminal case and has entered the judicial process, and the plaintiff does not have the right to withdraw the lawsuit (criminal proceedings).

A criminal case is a public prosecution case, and the plaintiff does not have the right to withdraw or modify the public prosecution.

Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution. Proceedings may not be dismissed in public prosecution cases.

has been released on bail pending trial, indicating that the case has been filed and has entered the field of public prosecution cases, and at this time, the procuratorate, as the prosecution, is equivalent to the plaintiff, but he is not the plaintiff. And the victim is not the plaintiff at this time. At this time, there are no plaintiffs.

Only in a private prosecution or an attached civil lawsuit can there be a so-called plaintiff, so that the lawsuit can be withdrawn. However, if the victim forgives, it can be considered as a mitigating circumstance.

Release on bail pending further investigation is a criminal compulsory measure provided for in the Criminal Procedure Law of the People's Republic of China.

In China, it refers to compulsory measures taken by people's courts, people's procuratorates, or public security organs ordering certain criminal suspects or criminal defendants to provide guarantors or pay guarantee deposits to ensure that they will be available at all times. It is to be enforced by the public security organs.

The plaintiff in the matter is the prosecutor's office. There are certain conditions for the procuratorial organs to withdraw a case.

However, the plaintiff can also be the plaintiff in the civil part of the civil lawsuit attached to the criminal case, and he can withdraw the lawsuit at the stage of release on bail pending trial, and there is no problem.

It is not possible to determine the probability of dismissal. Any judicial organ that finds that the requirements for release on guarantee pending further investigation are met by the statutory period may be released on guarantee pending further investigation. The person released on bail is already suspected of committing a crime.

Whether the case will be withdrawn, prosecuted, or exempted from prosecution will depend on the final outcome of the investigation. If the final investigation results determine that the crime is convicted and should bear criminal responsibility in accordance with law, they will be sentenced in accordance with law.

Legal basisArticle 67 of the Criminal Procedure Law.

People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a sentence of controlled release, short-term detention, or an additional sentence might be applied independently; (2) A sentence of fixed-term imprisonment or higher might be given, and the speedy release on guarantee pending further investigation will not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; (4) The period of detention is complete, and the case has not yet been completed, and it is necessary to take Changsun Bao pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

Release on bail pending further investigation is a temporary compulsory measure against a criminal suspect during criminal proceedings, and according to the provisions of the Criminal Procedure Law, if he is not guilty after investigation, he may be revoked. Where the period for release on guarantee pending further investigation has expired, they shall be released, released on guarantee pending further investigation, placed under residential surveillance, or the compulsory measures shall be modified in accordance with law. Article 99 of the Criminal Procedure Law:

People's courts, people's procuratorates, or public security organs shall release, lift release on guarantee, residential surveillance, or modify compulsory measures in accordance with law for criminal suspects or defendants whose legally-prescribed period of compulsory measures has expired. Criminal suspects or defendants and their legally-designated persons, close relatives or defenders have the right to request that the compulsory measures be lifted upon the completion of the statutory period for compulsory measures taken by the people's courts, people's procuratorates, or public security organs.

Article 79 of the Criminal Procedure Law of the People's Republic of China The people's courts, people's procuratorates, and public security organs must not release a criminal suspect or defendant on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed six months. During the period of release on guarantee pending further investigation or residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted. Where it is discovered that criminal responsibility should not be pursued or that the period for release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be promptly lifted.

Where release on guarantee pending further investigation or residential surveillance is lifted, the person under release on guarantee pending further investigation or residential surveillance and the relevant units shall be promptly notified.

Where the case is still in the investigation stage, the public security organs may withdraw the case when the criminal suspect is released on guarantee pending further investigation, but if the case has already entered the prosecution or trial stage, the public security organs do not have the right to make a decision to withdraw the case.

Legal basisArticle 60 of the Criminal Procedure Law, Article 7.

The people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

(3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society;

4) The period of detention has expired, the case has not yet been completed, and it is necessary for Otoyoshi to take the position of release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Whether or not a case can be withdrawn after release on guarantee pending further investigation depends on the judicial organs' decision on further investigation, and if there are no facts of the crime or the circumstances of the crime are minor and should not be pursued, the case must be withdrawn. After the public security organs make a decision to terminate the investigation, they shall inform the original criminal suspect within 3 days. In accordance with Article 183 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs":

Where, after investigation, it is discovered that the case has any of the following circumstances, the case shall be withdrawn: (1) there are no facts of the crime; (2) The circumstances are obviously minor and the harm is not great, and it is not considered a crime; (3) The statute of limitations for prosecution has already expired; (4) Where a criminal punishment has been waived by a special amnesty order; (5) The suspect who committed the crime of slipping socks dies; (6) Other cases where Li is not pursued for criminal responsibility in accordance with law. Where, after investigation, it is discovered that there are facts of a crime that need to be pursued for criminal responsibility, but it was not committed by a criminal suspect who was filed for a delay in investigation, or where some of the criminal suspects in a joint crime case are not criminally punished, the investigation of the relevant criminal suspect shall be terminated and the investigation of the case shall continue.

Release on bail pending further investigation is a temporary compulsory measure against a criminal suspect during criminal proceedings, and according to the provisions of the Criminal Procedure Law, if he is not guilty after investigation, he may be revoked. Where the period for release on guarantee pending further investigation is completed, they shall be released, released from bail pending trial, placed under residential surveillance, or the compulsory measures shall be modified in accordance with law. Article 99 of the Criminal Procedure Law:

People's courts, people's procuratorates, or public security organs shall release, lift release on guarantee, residential surveillance, or modify compulsory measures in accordance with law for criminal suspects or defendants whose legally-prescribed period of compulsory measures has expired. Criminal suspects or defendants and their legally-designated persons, close relatives or defenders have the right to request that the compulsory measures be lifted upon the expiration of the statutory period for compulsory measures taken by the people's courts, people's procuratorates or public security organs.

Criminal Procedure Law of the People's Republic of China

Article 16. 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 acquitted

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 are handled only after a complaint is made in accordance with the Criminal Law, and there is no complaint or a complaint is withdrawn;

5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility.

Legal Draft Analysis: Yes. Where a case shall be withdrawn after release on guarantee pending further investigation is lifted, it is a violation of procedural provisions, and the parties may appeal to the people's procuratorate at the same level; In cases directly accepted by the people's procuratorate, an appeal may be appealed to the people's procuratorate at the level above.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

(3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68: People's courts, people's procuratorates, and public security organs that decide to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

Article 69 The guarantor must meet the following conditions:

1) Not involved in the case;

2) Ability to perform guarantee obligations;

3) The enjoyment of political rights is auspicious, and personal freedom is not restricted;

4) Have a fixed place of residence and income.