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Does the Public Security Bureau have a notice for withdrawing the case?
There is a notification. 1. For private prosecution cases, both parties need to be present if the police station withdraws the case; 2. For public prosecution cases, notification will be given. The police station case withdrawal process is as follows: 1. After the case is filed, the defendant and the plaintiff negotiate to determine all compensation and other compensation terms; 2. Both parties involved in the case present the negotiation results in the form of a mediation letter, and both parties confirm and sign; 3. The case is dismissed The application should be written, and both parties involved in the case should go to the corresponding public security bureau with the case withdrawal application and mediation letter to apply for withdrawal of the case;
If the public security bureau wants to withdraw the case after it has been filed, it should be reported to the superior leader for review and approval , and then write a report dismissing the case. For cases decided to be withdrawn, the procuratorial organ shall prepare a decision to withdraw the case. For cases decided to be withdrawn, the public security organ shall write a "Notice of Cancellation of the Case" and submit it to the procuratorial organ. To cancel a case, the public security organ shall submit it to superior leadership for review and approval, and then write a report on the cancellation of the case. When handling a criminal case that is directly under investigation, the procuratorial organ may decide to withdraw the case against a defendant who should not be held criminally responsible according to law. For cases that are decided to be withdrawn, a decision to withdraw the case should be made. For cases decided to be withdrawn, the public security organ shall write a "Notice of Cancellation of the Case" and submit it to the procuratorial organ. Decision to cancel the case: After the public security organ investigates the case, it is found that the suspect should not be held criminally responsible, and the case is withdrawn in accordance with the law. This document is called a decision to withdraw the case.
Case cancellation by the public security bureau
The decision-making power to cancel the case after the public security bureau files the case is not in the hands of the parties. It is the judicial institution that decides whether the case can be withdrawn. According to relevant regulations, if the criminal suspect and the victim reach an agreement on compensation and obtain the victim's understanding, the judicial authorities may be lenient, mitigated, or exempted from criminal punishment. The decision of whether to be given a lighter, reduced or exempted criminal penalty shall be decided by the judicial authority based on the specific circumstances of the case. The criminal suspect beat others, which not only caused damage to the victim, but also destroyed the social management order. In this case, the decision-making power of whether to cancel the case lies with the judicial organs, not the victim. In the following public prosecution cases, the criminal suspect or defendant sincerely repented, and obtained the victim's understanding by compensating losses and apologizing to the victim. If the victim voluntarily reconciled, the two parties may reconcile: (1) Due to civil disputes, the parties may be sentenced to three years in prison (2) Negligent criminal cases other than dereliction of duty crimes that may be punished with a penalty of up to seven years in prison.
Legal basis: Article 186 of the "Procedural Regulations of Public Security Organs in Handling Criminal Cases" If, after investigation, one of the following circumstances is found, the case shall be dismissed:
(1) ) There are no criminal facts;
(2) The circumstances are obviously minor and the harm is not great, so it is not considered a crime;
(3) The crime has passed the statute of limitations for prosecution;
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(4) Those who have been exempted from punishment through a pardon;
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