Study On The Issues Related To The System Of Withdrawal Of Prosecution In Public Prosecution Cases

The system of withdrawal of prosecution in public prosecution cases is generally applicable in the process of criminal proceedings in China.However,due to the lack of legislation and the too general regulation of judicial interpretations,the system of withdrawal of prosecution has encountered problems in the process of operation,such as the conditions for withdrawal of prosecution break through the legal conditions,the time and methods of withdrawal of prosecution are arbitrary,and the re-prosecution after withdrawing prosecution is common.In order to solve the problem of withdrawal of prosecution in practice,the system of withdrawal of prosecution should be established through legislation,and the contents should be clearly stipulated.In terms of the regulation of withdrawal time,the withdrawal time should be regulated before the end of the first-instance court debate,and withdrawal in the second-instance procedure,trial supervision procedure,and retrial procedure should be prohibited.In terms of the regulation of withdrawal conditions,the conditions that the procuratorial organ should not prosecute and the conditions that it is unnecessary to prosecute should be regarded as the legal conditions for the application of the withdrawal system in public prosecution cases,including the absence of criminal facts,the criminal facts not committed by the defendant,not being considered a crime,and being exempt from criminal punishment.In terms of the regulation of withdrawal methods,before the court makes a decision on whether to allow withdrawal,a hearing procedure involving the prosecution,the defendant,and the victim should be established to protect the litigation rights of the parties involved.Afterwards,the court should review and make a decision on whether to allow withdrawal within the prescribed time,and then promptly deliver the ruling to the defendant and the victim.In terms of the regulation of the effectiveness of withdrawal,it should be clear that withdrawal of the prosecution has the effect of ending the lawsuit,and the procuratorial organ does not need to make a decision not to prosecute after withdrawing the lawsuit.In terms of the regulation of re-prosecution after withdrawal,the conditions for re-prosecution after withdrawal should be improved.Prosecutors can only prosecute after discovering "new important facts and new important evidence" outside of the case or in other cases.For "new important evidence",it should be limited to supporting evidence for serious crime prosecution.