How to withdraw the case after the public security organ files a case?

If the public security bureau wants to withdraw the case after filing the case, it should report to the superior leader for examination and approval, and then write a report on the withdrawal. When handling a criminal case directly under investigation, the procuratorial organ may decide to dismiss the prosecution of the defendant 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 make a Notice of Cancellation of a Case and submit it to the procuratorial organ for decision to cancel the case.

First, the police station filing procedure is:

1, someone must report the case first (the parties, or witnesses and others).

2. Only criminal cases need to be put on file for investigation, and civil disputes and public security cases are generally only put on file for investigation at the end of the case.

3, no charge, the public security organs do not charge for things.

4. When the investigation and trial of the case are completed, or the case does not need further investigation and trial, the public security organ will dismiss the case.

Second, the provisions of the parties to apply for withdrawal:

1. The applicant must be the plaintiff, the appellant and their legal representatives, and an agent ad litem specially authorized by the plaintiff may also apply for withdrawal of the lawsuit; A third party with an independent claim may also apply for withdrawal of the lawsuit. However, the application for withdrawal by a third party with independent claim does not affect the litigation process between the plaintiff and the defendant.

2. The withdrawal of the lawsuit must be voluntary by the plaintiff. Applying for withdrawal is the plaintiff's action to dispose of his substantive rights and litigation rights. Unless the plaintiff has a clear intention, no one may force the plaintiff to apply for withdrawal, and the judges shall not mobilize the plaintiff to apply for withdrawal under any excuse.

3. Withdrawal of the lawsuit must be legal. The time for applying for withdrawal must be after the court accepts the case and before the judgment is announced; The person who applies for withdrawing the lawsuit must be the person who has the right to apply for withdrawing the lawsuit; The application for withdrawal of the lawsuit shall not be an entity's evasion of legal acts, shall not violate the provisions of existing laws and regulations, and shall not harm the interests of the state, the collective and others.

4. The withdrawal of the lawsuit must be ruled by the people's court. The parties concerned must exercise the right of disposition within the scope permitted by law. If the plaintiff applies for withdrawing the lawsuit, the people's court shall examine it according to law. If the application meets the requirements, it shall be ruled that the lawsuit is allowed and the trial of the case is terminated. If it does not meet the requirements, the application shall be rejected and the trial shall continue. Whether the withdrawal is allowed or not, the parties concerned must be informed by ruling.

legal ground

Criminal Procedure Law of People's Republic of China (PRC) (amended on 20 18)

Article 16 In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, 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;

The crime has passed the limitation period;

(3) Being exempted from punishment by an amnesty order;

(4) failing to tell or withdrawing the crime that should be told according to the criminal law;

(5) The death of a criminal suspect or defendant;

Other laws and regulations exempt from criminal responsibility.