The withdrawal of a case is the withdrawal of a criminal case. In any of the following circumstances, criminal responsibility shall not be investigated. If the investigation has been concluded, the case shall be withdrawn, or no prosecution shall be instituted, or the trial shall be terminated or acquitted:
Article 16 of the Criminal Procedure Law of People's Republic of China (PRC) shall not be investigated for criminal responsibility under any of the following circumstances. If the investigation has been concluded, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.
Extended data:
In the course of investigation, if it is found that the criminal suspect should not be investigated for criminal responsibility, the case shall be dismissed; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.
When the public security organ withdraws a case, it shall report it to the superior leader for examination and approval, and then write a report on the withdrawal of the case. When handling criminal cases directly under investigation, procuratorial organs may decide to dismiss the prosecution of defendants who should not be investigated for criminal responsibility according to law. If a case is decided to be revoked, a written decision on the case shall be made. The public security organ shall write a Notice of Withdrawal of a Case and submit it to the procuratorial organ for decision to withdraw the case.
References:
Baidu Encyclopedia-Case dismissed
China Government Network-People's Republic of China (PRC) Criminal Procedure Law