Can a criminal case be withdrawn after it has been filed?

If a criminal case is filed, the case may be withdrawn, but the following circumstances must be met: the private prosecutor in a private prosecution case voluntarily withdraws the case; or the public security organs do not consider it a crime in a public prosecution case; The statute of limitations for prosecution has already passed; Criminal suspects or defendants have been pardoned; or death.

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circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or acquitted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) 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after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;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.

Article 163.

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it is discovered that the criminal suspect should not be pursued for criminal responsibility, the case shall be withdrawn; Where a criminal suspect has already been arrested, he shall be immediately released, a certificate of release shall be issued, and the people's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

Yes, there is a procedure for withdrawing the case at any stage of a criminal case, the case can be withdrawn at the investigation stage (public security), and the case can be withdrawn at the stage of review and prosecution (the procuratorate) at all, that is, the case can be withdrawn. At the trial stage, if the court acquits the case, there will be no criminal record. Follow me and take you to learn more about the law.

Yes, but only if the statutory non-prosecution of criminal liability is met.

Yes, but a few conditions are required, otherwise it is a wrongful case, and you must bear the responsibility for the wrongful case, and the case can be withdrawn if the suspect dies, and the case can be withdrawn if there is a major change in the evidence.

Criminal cases are divided into private criminal prosecution cases and public prosecution cases, with the plaintiff and the victim being able to withdraw and dismantle the private prosecution cases, while the public prosecution cases cannot be prosecuted, and a lenient punishment may be given for actively refunding and returning stolen goods.

No, you can solve the case.

Legal analysis: A criminal case can be withdrawn after it has been filed, but only for private prosecution cases. After the court files a private prosecution case, it may withdraw the case; After a public prosecution case is filed, the case must not be withdrawn.

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 of the People's Republic of China: People's courts may conduct mediation in private prosecution casesBefore 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 limit for people's courts to hear private prosecutions, apply the provisions of paragraphs 1 and 2 of article 208 of this Law;Where they are not detained, the verdict shall be announced within 6 months of acceptance.

Legal analysis: Once a criminal case has been filed, the case may be withdrawn, but it must fall under one of the circumstances provided for in article 16 of the Criminal Procedure Law.

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 time limit for prosecution has expired;(3) Exemption from punishment by 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.

Legal analysis: A criminal case may be withdrawn after it is filed, but there are conditions: 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 punishment by amnesty order;4. Crimes that are handled only after a complaint is made in accordance with the Criminal Law, and the complaint is not made or the complaint is withdrawn;5. The criminal suspect or defendant is deceased;6. Other laws provide exemption from criminal responsibility.

7. Secondly, since you are a whistleblower, you can ask the court or the procuratorate to explain the reasons for withdrawing the case, and if new evidence is found, you can sue again, and at the same time, you can continue to file a relawsuit with the people's court at a higher level.

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

Article 114:In private prosecution cases, victims have the right to file a lawsuit directly with the people's court. Where the victim dies or loses capacity, the victim's legally-designated persons or close relatives have the right to file a lawsuit in the people's court. The people's court shall accept it in accordance with law.

Article 210:Private prosecution cases include the following cases:

1) Cases that are handled only upon complaint;(2) Minor criminal cases in which the victim has evidence to prove;(3) Cases where the victim has evidence showing that the defendant's conduct violating their own rights in person or property shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility.

Legal analysis: A criminal case can be withdrawn after it is filed, but depending on the type of case and the circumstances of the crime, if it is a public case, the parties cannot withdraw the case. After a case has been filed in accordance with the relevant laws and regulations, if after investigation, there are no facts of a crime, or the circumstances are minor and the harm is not great, and it is not considered a crime, or the statute of limitations for prosecution has expired and the time limit is not reached, etc., the case should be withdrawn.

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) Punishment is waived by a special amnesty order; (4 withered Yuanxun) crimes that are handled only after being told in accordance with the Criminal 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 analysis: After a criminal case is filed, it can be withdrawn and closed, but there are conditions: 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 punishment by amnesty order;4. Crimes that are handled only after a complaint is made in accordance with the Criminal Law, and the complaint is not made or the complaint is withdrawn;5. The criminal suspect or defendant is deceased;6. Other laws provide exemption from criminal responsibility.

7. Secondly, since you are a whistleblower, you can ask the court or the procuratorate to explain the reasons for withdrawing the case, and if new evidence is found, you can sue again, and at the same time, you can continue to file a relawsuit with the people's court at a higher level.

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

Article 114:In private prosecution cases, victims have the right to file a lawsuit directly with the people's court. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to file a lawsuit in the people's court. The people's court shall accept it in accordance with law.

Article 210:Private prosecution cases include the following cases:

1) Cases that are handled only upon complaint;(2) Minor criminal cases in which the victim has evidence to prove;(3) Cases where the victim has evidence showing that the defendant's conduct violating their own rights in person or property should be pursued for criminal responsibility in accordance with law, but the public security organs accept it or the people's procuratorate does not pursue the defendant's criminal responsibility.

After a criminal case is filed, as long as the perpetrator's criminal circumstances meet the circumstances prescribed by law, the case may be withdrawn after the criminal case is filed. Among the circumstances prescribed by law are:

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

2. Those who have been exempted from criminal punishment by amnesty order;

3. Crimes that are handled only after a complaint is made in accordance with the Criminal Law, and there are special circumstances such as not making a complaint or withdrawing the complaint;

4. The criminal suspect or defendant is deceased;

5. Other laws provide exemption from criminal liability;

6. The statute of limitations for prosecution has already expired.

Article 15 of the Criminal Procedure Law of the People's Republic of China stipulates that in any of the following circumstances, criminal responsibility shall not be 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) 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.

Cases that meet the legally-prescribed requirements shall be withdrawn, but those that do not meet the requirements may not.