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撤诉亦称“撤回起诉”或“诉之撤回”,是指自诉人取消已经向法院提起的诉讼。狭义的撤诉包括撤回起诉和撤回上诉。这是自诉人积极的意思表示。广义的撤诉除撤回起诉,上诉外,还应包括自诉人经法院合法传唤、无正当理由拒不到庭,或者未经法庭许可中途退庭而按撤诉处理的.这是自诉人消极隐的晦意思表示。本文取广义的撤诉.我国刑事诉讼法第127条规定“自诉人在宣告判决前,可以同被告人自行和解或者撤回自诉。”这就是自诉案件的撤诉在刑事诉讼法中仅有的法律规定.很显然,用如此简略的文字来规范撤诉这一
Dismissal, also known as “withdrawal of a complaint” or “withdrawal of a complaint”, means the removal by the private prosecutor of an action that has been brought before the court. Narrow withdrawal includes prosecution and withdrawal of appeal. This is the positive meaning of the private prosecutor said. In addition to withdrawing the prosecution in a broad sense, appeals should also include the private prosecutors legitimate summons by the court, refusing to appear in court without proper reasons, or withdrawn without the court’s approval by the withdrawal process .This is the subjective implicit negative private prosecutor Said. Article 127 of China’s Criminal Procedure Law stipulates that “the private prosecutor may reconcile itself with the defendant or withdraw a private prosecution before declaring the verdict.” This is the only legal requirement for the withdrawal of private prosecution cases in the Criminal Procedure Law. Obviously, with such a simple text to regulate the withdrawal of this one