On Problem Of Withdrawing Public Prosecution In Criminal Suit

It is a kind of law action for withdrawing public prosecution in criminal suit which mean to decide to withdraw a claim and be ruled whether permit or not by court after the accused was prosecuted by procuratorial organ and before court announced verdict, according to certain conditions and procedures. The code of criminal procedure of modified do not rule definitely to withdraw public prosecution power in procuratorial organ, the direct basis of withdrawing public prosecution is correlation rules about the Supreme People's Procuratorate's the people's procuratorate' s rules of criminal suit and the supreme people's court's the explain of some problems on performing the People's Republic of China's criminal suit.Rules of withdrawing public prosecution of the Supreme People's Court and the Supreme People's Procuratorate are basis of some correlational rules of code of criminal procedure and legislation spirit was embodied by this, integrating principle of criminal suit, the conditions of withdrawing suit is applied to criminal facts of nonexistent, the accused do not crime, the accused 's criminal responsibility should not be pursued and soon. The time of withdrawing a claim is limited which from prosecuted announced verdict.Withdrawing public prosecution power lies in not only legislative generally rules and definitely rules of judicatory explain, but also profound foundation of legal principle, Permitted to withdraw public prosecution, according with the demands of intension and procedure of public prosecution power, is important content of perfecting institution; according with the suit's principle of "be practical and realistic, be to correct wrong", is objective demands of establishing sound worth remediable mechanism of criminal procedure ; according with the principle of "crime uncertain is nothing", is inherence demands of guaranteeing person who innocence and be not pursued criminalresponsibility; according with suit's principles of "charge and try separated and not tell not regard", is the concrete embodiments of administering independence procuratorial work power.As is shown in the legislative criminal intentions: the judicatorial explain' s rulers and the current judicatorial practices, withdrawing public prosecution is not finding criminal suit, because needing not to sue and withdraw case and so on after withdrawing a claim, or should be sue again in conditions of having new facts and new proofs, Procuratorial organ have responsibility to decide in time once withdrawing a claim, no new facts and proofs having, should not sue again. Once judicial organ ruled to permit procuratorial organ withdrawing a claim, should not continue to exercise judicature without suing again for procuratorial organ. Withdrawing public prosecution have some influence on benefits or behaviors for the accused, victim and other libigations.Currently system of withdrawing public prosecution is established widespread in the world. The law of nation or region in American and British, public procurator have extensive power in cutting and measuring. And withdrawing public prosecution, correlation. The law of nation and region in China, public procurator's power is restricted more. The legal provisions and actions of withdrawing public prosecution Taiwan and Hong Kong and other nations and regions are some good lessons for modify the code of criminal procedure again and perfecting system of withdrawing public prosecution in China.Currently, in judicatory practice, the concrete factors of withdrawing public prosecution includes mainly: the deviation for comprehension and confidence in constitutive a crime; so that the actions of the accused is not to constitute a crime; criminous proofs changed gravenessly , so to effect to sentence ; the new judicatory explain comes on in judicial phase so not to affirm the accused offense; local court to be prosecuted so to make a mistake on domination; the escaped criminal and the joint offence come on after prosecuting and may be involved more serious offence; The trial action can'...