Research Report Of Withdrawing Criminal Case By Public Security Bureau

The criminal revocation case(hereinafter referred to as withdrawal case)system is relatively simple in the current “Criminal Procedure Law”.After the public security organ has placed a case,expect in accordance with the provisions of Article 15,it is only prescribed in Article 161.When the situation of “not to be investigated for criminal responsibility” was initiated,the public security organ could withdraw the case.However,in practice,the withdrawal of the case by the public security agency broke through the regulation of the legislation and exposed many problems,which need to be further regulated.Based on the empirical analysis of the number,types,and reasons of the withdrawal of the public security authorities from 2014 to 2016 in the X city of H Province,it was concluded that the prosecution agency's intervention in the withdrawal of the case involved the withdrawal of the right to use the case,the unsolicited proposal to withdraw the case,and public security.There is no legal basis for the authorities and the dissolution of the case,and there is no supervision.Based on the analysis of the reasons,the scope of the case should be extended to expand the notice,prohibit the prosecutor from recommending withdrawal of the case,and the power to grant public security organs and dismissal cases where conditions permit and allow Cases where criminal suspects have no trial ability are revoked.This article is divided into three parts,about 25,000 words.The first part is a careful and detailed summary of the situation of the withdrawal of the public security organs in the X City of H Province.The number and type of withdrawals by the public security organs of the city,the motivation and basis for the withdrawal of the case,and the procedures for the withdrawal of the case were introduced.The number and type of withdrawals include the number of withdrawals from public security agencies in X City and the 72 specific charges involved during the three years from 2014 to 2016.According to the investigation,the motivation and basis for the withdrawal of the case are as follows: Among them,the reasons for the 11 withdrawal cases and the basis for the 5 withdrawal cases were listed;in the procedure for withdrawal of the case,the four-level examination and approval mechanism for the withdrawal of the public security organs in the city was pointed out.The second part is based on the actual investigation and analysis of the X city public security organs in the withdrawal of the existing problems and causes.The existing problemsmainly include the problems with the procuratorial organ's involvement in the withdrawal of the case,reconciliation of the withdrawal of the case and lack of supervision,the issue of dismissal of the suspect without trial ability,and the basis for the withdrawal of the case,and the law It stipulates four aspects of confusion.Then the article analyzes the reasons for the existence of these problems from aspects such as the lack of awareness of procedural rule of law,the absence of procedural sanctions rules,the imperfect legal provisions,and the practical need to save justice.The third part is based on the analysis of the reasons,combined with the specific conditions in practice,and proposes to reform and perfect the withdrawal system of the public security organs in China: In general,the scope of the withdrawal of public security organs should be expanded,including the conditions for public security organs The power to withdraw criminal cases for minor criminal settlements,prohibiting the procuratorial organs from withdrawing the case,expanding the scope of the procuratorial organs' notice of withdrawal,and clarifying the power of the public security organs to withdraw the case when the suspect has no capacity for trial and giving the public security authority the power to withdraw the suspect case.Finally,the specific conditions for reforming and perfecting the withdrawal of public security organs are discussed in four aspects: the adjustment of the scope of withdrawal,the improvement of the conditions for withdrawal,the standardization of withdrawal procedures,and the supervision of withdrawal.