1、 Larceny Filing a case Can I revoke the law
After receiving Theft After the report of the relevant crime, if it is verified that it is true and meets the statutory conditions, it may make a ruling of revocation in accordance with legal procedures.
According to our country《 criminal procedure law 》It is clearly stipulated that criminal offence After the case is officially filed, as long as the specific conditions are met, the relevant subject concerned can apply for the withdrawal of the case according to the rights granted by law, and state in detail the reasons for the withdrawal to the public security organ.
However, whether the case can be withdrawn still needs to be examined and decided by the public security department.
Article 16 of the Criminal Procedure Law, in any of the following circumstances, shall not be investigated for criminal responsibility. If the case has already been investigated, the case shall be dismissed, or the prosecution shall not be initiated, or the trial shall be terminated, or innocence shall be declared: (1) If the circumstances are obviously minor and the harm is not serious, the case shall not be considered a crime; (2) Crime has passed Limitation of prosecution Term; (3) Excused by an amnesty punishment Of; (4) According to criminal law A crime that is dealt with only after being told, without being told or withdrawn; (V) Suspect The defendant died; (6) Other laws exempt from criminal responsibility
2、 Can the filing of theft be exempted from prosecution
stay criminal action In the case of minor circumstances, the procuratorial organ may make a decision not to prosecute if the criminal suspect truthfully confesses his or her illegal act of theft, admits the adverse effects it has caused, and is willing to make economic compensation, and at the same time meets one of the following conditions:
The first is that the criminal suspect has a legally mitigated or mitigated punishment;
Secondly, the criminal did not participate in the process of stealing, or although he participated, he received less stolen money and was not the main criminal;
Thirdly, the victim's understanding and tolerance;
Finally, there are other situations with minor circumstances and less social harm.
Article 7 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft
If the amount of public or private property stolen is relatively large, the perpetrator pleads guilty, repents, returns the stolen goods and compensates, and the circumstances are minor, he may not be prosecuted or exempted from criminal punishment;
If necessary, it shall be given by relevant departments administrative sanction :
(1) Those who have the circumstances of a legally lenient punishment;
(2) Did not participate in the distribution of stolen goods or received less stolen goods and not principal Of;
(3) The victim understands;
(4) Other circumstances are minor and the harm is not serious.
In our daily life, law is an invisible constraint, which not only protects our rights and interests, but also regulates our behavior. Whether at work or in life, we need to fully understand and understand the law in order to better protect our rights and interests. Although the law may seem complex and profound, as long as we are willing to spend time to study and understand it, we can master its basic principles and applications. As the title of this article raises the question, "Can the filing of theft be revoked?" Each article is an opportunity to learn and understand the law. We should seize these opportunities to constantly improve our legal literacy in order to better adapt to the development and changes of society.
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