Can a criminal case be dismissed? You know why?

It depends. After a criminal case is filed, whether a party can withdraw the case mainly depends on the type of case and the circumstances of the crime. If it is a public prosecution case, the parties cannot withdraw the lawsuit.

People's courts may conduct mediation in private prosecution cases; The private prosecutor may settle with the defendant or withdraw the private prosecution before the judgment is announced.

If it is a public prosecution case, this cannot be revoked, and the public prosecution case involves the interests of the public and society, and of course the perpetrators must be punished.

Yes, because if the investigation turns out to be a false alarm, it can be withdrawn.

Legal Analysis: A criminal case that has already been filed may be withdrawn, but the following conditions need to be met:

1.The circumstances are relatively minor, the harm is not great, and it is not considered a crime in law;

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

3.Those who have been exempted from punishment by a special amnesty order;

4.Crimes that are handled only after being told in accordance with the Criminal Traces Law, and the complaint is not made or the complaint is withdrawn;

5.The criminal suspect or defendant is deceased;

6.Other laws provide for exemption from criminal responsibility.

Legal basis: 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circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial may be terminated, or a not guilty verdict shall be announced: (1) The circumstances are obviously minor and the harm is not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 expired for the crime; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

Legal analysis: If this criminal case is a public prosecution case, then at this time, you report it, and then the public security organ has already filed a case for investigation, it is not possible to withdraw the case, if you say that the private prosecution case can be withdrawn. , Legal basis:

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 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) Exemption from criminal punishment by amnesty order;

(4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation;

(5) The criminal suspect or defendant is deceased;

(6) Other laws provide for exemption from criminal responsibility.

Article 112: People's courts, people's procuratorates, or public security organs shall promptly conduct a review of materials for reporting, accusations, reports, and voluntary surrender in accordance with the scope of their jurisdiction, and shall file a case when they find that there are facts of a crime that need to be pursued for criminal responsibility; When it is found that there are no facts of a crime, or that the facts of the crime are obviously minor, and it is not necessary to pursue criminal responsibility, the case is not to be filed, and the accuser is to be notified of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.

Legal analysis: A criminal case can be revoked after it is filed, but the parties cannot revoke it, and only the public security organs can revoke the cavity auction of a criminal case. 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) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

Legal basis: Article 16 of the Criminal Procedure Law of the People's Republic of China: 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) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other cases where there is no such provision for exemption from criminal responsibility.

The filing of a criminal case can also be withdrawn or bent. We answer this question on two levels.

From the level of the parties

With the exception of a small number of private prosecution cases, criminal cases are public prosecution cases, and once the informant has reported the case, if the judicial organ has already established a criminal case, it falls within the scope of the state's public power, and even if the informant withdraws the report or accusation, it will not have the effect of withdrawing the case. In real life, there are often some parties who report the case, the judicial organ files a criminal case, arrests the other party, and then the suspect is forced to entrust relatives to negotiate with the other party and reach a settlement.

At this time, some parties often mistakenly believe that as long as both parties have no opinion, the party reporting the case can withdraw the report or complaint, and the person can be released to close the case. This kind of thinking is obviously wrong, the public power of the state is not used as a bargaining chip used by one party to put pressure on the other party in negotiations, nor can it be used for trading, if the criminal law is indeed violated, even if the parties reconcile, the law should still sanction according to law. However, if the parties reach a settlement, they may be given consideration in sentencing.

Therefore, in criminal cases, if the parties settle or withdraw the complaint, it generally does not have the effect of withdrawing the case.

From the level of the judiciary

It is possible for the judicial organs to withdraw the cases in accordance with the ascertained facts and the provisions of the law in some cases that meet the requirements, and it also exists in judicial practice. For example, after the investigating organ files a case, it may withdraw the case if it is found that the case has not yet met the standards for filing a criminal case, or if it discovers that the evidence is insufficient; When reviewing an arrest, if the procuratorate finds that it does not constitute a standard for pursuing criminal responsibility, or if the evidence is insufficient, it will generally handle it as a withdrawn case; When the procuratorate reviews for prosecution, if it finds that the evidence is insufficient, or if it is found that it does not constitute a crime, a decision not to prosecute is made; Sometimes the procuratorate has already prosecuted the case, and before the judgment is made before or after the judgment, it may also find that the criminal responsibility should not be pursued and withdraw the prosecution, etc., which will have the legal consequences of withdrawing the case.

According to the provisions of China's law, no one shall be found guilty without going through a trial and judgment by a people's court in accordance with law. Where the case is withdrawn before the people's court makes a judgment, the suspect or defendant is not guilty in accordance with law.

Hope mine is helpful to you.

Yes, provided that the other party is willing to go private, not to take you to court. But those who should be compensated still have to be compensated, and those who should be imprisoned still have to go to jail.

After the case is filed, it can be revoked, as long as you get a letter of understanding from the other party, and then you ask the lawyer to explain the situation to the court, you can withdraw it.

It cannot be undone. Once a criminal case has been filed, neither the defendant nor the plaintiff can dismiss it, because it has already been authorized to the court.

Analysis of the law's lack of friends:

A criminal case can be withdrawn. On the basis of legal provisions, where the circumstances of the crime are obviously minor and the harm is not great, and it is not considered a crime, the statute of limitations for prosecution has already expired, or where the criminal punishment has been waived by an amnesty order, the case shall be withdrawn.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 19: The investigation of criminal cases is to be conducted by the public security organs, except as otherwise provided by law. The people's procuratorate may file a case for investigation if the people's procuratorate discovers in the course of exercising legal supervision of litigation activities that judicial personnel abuse their authority to commit crimes that infringe on citizens' rights or harm judicial fairness, such as illegal detention, extortion of confessions by torture, or illegal searches.

In cases of major crimes committed by employees of state organs under the jurisdiction of public security organs, where it is necessary for the people's procuratorate to directly accept them, upon the decision of the people's procuratorate at the provincial level or above, the people's procuratorate may file and investigate the case. Private prosecution cases are to be directly accepted by the people's courts.

Legal analysis: A criminal case can be revoked after it is filed, but the parties cannot revoke it, and only the public security organs can revoke a criminal case. 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 danger is not great, and it is not considered a crime; 2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

Legal basis: 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 may be terminated, or acquitted: (1) The circumstances are obviously minor, the danger is not great, and it is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

A criminal case may be withdrawn after it has been filed. That is, where a criminal case constitutes a violation, but the circumstances are minor and are not considered a crime, or although a crime is constituted, the circumstances are minor and the harm to society is small, and criminal responsibility is not pursued, the case may be withdrawn. If it is a private prosecution case, it can also be withdrawn.

In cases where a decision is made to withdraw the case, the public security organ shall write a notice of withdrawal and send it to the procuratorate. Article 16 of the Criminal Procedure Law: 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 shall be 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) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

Can a criminal case be dismissed after it has been filed? A criminal case may be revoked after it has been filed, but the parties concerned cannot revoke it, and only the public security organs may revoke the sale of a criminal case. Where public security organs find that there are facts of a crime, that the standards for filing a criminal case are met, and that the unit has jurisdiction, they shall file and investigate the case in accordance with law.

Where it is discovered in the course of investigation that a case has the provisions of article 16 of the Criminal Procedure Law, it may be withdrawn. Article 15 of the Criminal Procedure Law: In any of the following circumstances, responsibility for the criminal offense is not to be pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or a not guilty verdict shall be declared: (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) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled only after being prosecuted in accordance with the Criminal Law, and no complaint was made or the complaint was withdrawn; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

Does that make sense?