论文部分内容阅读
在刑事诉讼中,人民检察院对提起公诉的案件“如发现主要犯罪事实失实,或者按照刑法不应当追究刑事责任的,应当主动撤回起诉,按照不起诉或免予起诉的程序处理。”人民法院在慎重审查了公诉案件以后,“对不需要判刑的,可以要求人民检察院撤回起诉。”这是人民检察院对已提起公诉的案件,在需要撤回起诉时,所依据的有关法律规定。由于撤诉规定过于简略抽象,而撤诉原因日趋复杂多样,致使对人民检察院的撤诉从理论上和
In criminal proceedings, the people’s procuratorate’s prosecutorial case “If any major crime is found to be false or should not be held criminally liable in accordance with criminal law, the people’s procuratorate shall take the initiative to withdraw the prosecution and handle it according to the procedures of non-prosecution or exemption from prosecution.” The People’s Court After careful examination of the public prosecution case, “For those who do not need to be sentenced, they may request the People’s Procuratorate to withdraw their prosecution.” This is the relevant legal provisions on the basis of which the People’s Procuratorate has instituted a prosecution case and needs to withdraw the prosecution. As withdrawal provisions are too abstract and abridged, the reasons for the withdrawal are becoming increasingly complex and diverse, resulting in the withdrawal of people’s procuratorates in theory and