Withdrawal Of Prosecution Of Indictable Cases

Case of public prosecution to withdraw the prosecution system the prosecution asked the withdrawal request has been sued to court cases, the court would be reviewed and made whether to allow a lawsuit behavior. The system is applicable judicial practice often an important litigation system directly determines the number of indictable cases litigation process, affect the rights and interests of parties to the case, affect the relations of the trial, procuratorial and investigating powers reflect the procuratorial organs legal supervision, accused of a crime, to protect the civil rights of the duties and powers. Withdraw to prosecute indictable right an important power, the vast majority of countries in the world, in varying degrees, given the powers of the Public Prosecution to withdraw charges. The same time, because it is closely related with the protection of human rights of the defendant are set with matching system on the indictable right abuse prevention and limitation. In China, the current Code of Criminal Procedure for the case of public prosecution without relevant provisions,"two high" contrary to the procedural legal principle to be established in the form of a judicial interpretation withdraw charges, and the provisions are too rough, it’s unreasonable imperfections, resulting in the phenomenon of abuse of the withdrawal of the right to sue in practice, makes the case of public prosecution to withdraw the prosecution to be a weak link in the theory, practice, need to regulate them to withdraw charges from the legislative point of view. But the new legislation is not done overnight, is the result of the game by the interests of all parties. Prosecution as the biggest beneficiaries of the existing system, the lack of power to promote the reform, the biggest victims of the defendant as the system lacks the right to speak. Under the current judicial interpretation of the pattern of the leading case of public prosecution to withdraw the prosecution system, it should be positive from the judicial level up to improve the system. First, the finishing of judicial interpretation and practice of all uses of a nolle prosequi the case, uniform conditions of use, and to prepare for future legislation. Second, improve the procedures for the prosecution of the case of public prosecution to withdraw, procuratorial organs abuse withdrawal limit through the program, such as limiting the number of withdrawal conditions, and the withdrawal of the standardization of the legal instruments. Finally, build the Withdrawal of Public Prosecuting system of supervision and control mechanism.