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Will the plaintiff inform the defendant after withdrawing the lawsuit?
In civil litigation, the plaintiff must apply in writing and go through the relevant formalities in court, which is recognized. Both the plaintiff and the defendant will receive the court's "ruling of withdrawal". According to the law, before sentencing, if the plaintiff applies to withdraw the lawsuit, whether it is allowed or not shall be decided by the people's court. According to the regulations, after the trial of a public prosecution case, if sentencing is not necessary, the people's court may request the people's procuratorate to withdraw the prosecution; If the procuratorial organ finds that the main criminal facts are untrue, or criminal responsibility should not be investigated according to the regulations, it shall voluntarily withdraw the prosecution and handle it according to the procedure of non-prosecution or exemption from prosecution. In the course of court hearing, if it is found that the main criminal facts of the prosecuted case are unclear and the evidence is insufficient, it should take the initiative to withdraw the prosecution, conduct supplementary investigation, and then re-prosecute according to the situation, or follow the procedure of non-prosecution and exemption from prosecution.
To apply for withdrawal, the following conditions must be met:
1. The applicant must be the plaintiff, the appellant and their legal representatives, and the litigation agent specially authorized by the plaintiff;
2. The withdrawal of the lawsuit must be voluntary by the plaintiff;
3. Withdrawal must be legal;
4. All claims must be withdrawn;
5, must be put forward before the court decision;
6. The ruling must be made by the people's court.
To sum up, the plaintiff will notify the defendant after withdrawing the lawsuit. If the defendant has new criminal facts or new evidence, the procuratorate will file a new lawsuit and the court can resume the trial. If it decides to allow the procuratorate to detain the defendant after withdrawing the prosecution, the detention organ shall implement the court's decision, suspend the detention of the defendant and release the defendant; If the defendant refuses to accept the ruling of withdrawing the lawsuit and appeals, the court of second instance will uphold the original ruling, and the case will really end at this time; Because according to the provisions of the criminal procedure law, the court adopts the system of two trials and final adjudication.
Legal basis:
Article 148 of the Civil Procedure Law of People's Republic of China (PRC)
Before the verdict is pronounced, if the plaintiff applies to withdraw the lawsuit, whether it is allowed or not shall be decided by the people's court.
The people's court has ruled that the withdrawal of the lawsuit is not allowed, and if the plaintiff refuses to appear in court without justifiable reasons after being summoned, the judgment may be made by default.
Article 146
If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
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