After a criminal case is filed, can the parties withdraw the case? Why?

For now, yes. However, the consent of the court is required, and if the court does not agree, even the person concerned cannot revoke it.

If the circumstances of the case are not serious, and the suspect has a good attitude of repentance, it can be dismissed.

It is currently irrevocable. Because it has risen to the question of the interests of the state, not just one person.

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Yes, because if the investigation turns out to be a false alarm, it can be withdrawn.

Legal Analysis: A criminal case that has already been filed may be withdrawn, but the following conditions need to be met: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only after being told in accordance with the Criminal Traces Law, and the complaint is not made or the complaint is withdrawn;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circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial may be terminated, or a not guilty verdict shall be announced: (1) The circumstances are obviously minor and the harm is not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: 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.

Legal analysis: After a criminal case is filed, whether the parties can withdraw the case mainly depends on the type of case and the circumstances of the crime, and if it is a public prosecution case, the parties cannot withdraw the case. The circumstances are obviously minor, the danger is not great, and it is not considered a crime; The statute of limitations for prosecution has already expired; Those who have been exempted from punishment by a special amnesty order; Crimes that are handled only after a complaint is made in accordance with the Criminal Law, and there is no complaint or withdrawal of the complaint; The criminal suspect or defendant is deceased; Where other laws provide for exemption from criminal responsibility, 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 without reason, or acquitted.

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 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.

Legal analysis: According to the provisions of relevant laws, criminal cases are different from civil cases where the prosecution can be withdrawn before the judgment is announced, and criminal cases cannot be withdrawn after the public security organs have filed the case. Where it is necessary to withdraw the case, the public security organs can only decide not to file the case after review.

Legal basis: "Criminal Procedure Law of the People's Republic of China" 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 when they find that there are facts of a crime that need to be pursued for criminal responsibility, they shall file a case; 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.

A criminal case has already been filed, and if it is a public prosecution case, the parties concerned cannot withdraw the case. If it is a private prosecution case, the private prosecutor may choose to withdraw the case. In accordance with the provisions of the Criminal Procedure Law, the people's courts may conduct mediation in private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution.

[Legal basis].

Article 212 of the Criminal Procedure Law.

People's courts may conduct mediation in private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution. Mediation is not applicable to cases provided for in paragraph 3 of article 210 of this Law.

Where the defendant is detained during the time period for people's courts to hear private prosecution cases, apply the provisions of paragraphs 1 and 2 of article 208 of this Law; and where they are not detained, the verdict shall be announced within 6 months of acceptance.

Article 213.

In the course of litigation, the defendant in a private prosecution case may file a counterclaim against the private prosecutor. The rule that counterclaims apply to private prosecutions is swift and early.

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.