If, within the time limit for appeal, the defendant, private prosecutor, plaintiff and defendant in an incidental civil action and their legal representatives request to withdraw their appeal, the court of second instance shall permit them.
 If an appeal is requested to be withdrawn after the expiration of the appeal period, the court of second instance shall review it. If the conditions for withdrawal are met after review, the court shall rule to allow the withdrawal of the appeal.
 [Legal Basis]
 According to Article 304 of the interpretation of the Supreme People's Court on the application of the Criminal Procedure Law of the People's Republic of China, if the appellant requests to withdraw the appeal within the time limit for appeal, the people's court shall permit it.
 Article 305 If an appellant requests to withdraw his appeal after the expiration of the time limit for appeal, the People's Court of second instance shall examine it. If, after examination, it is found that the facts and the application of law in the original judgment are correct and the sentence is appropriate, the appeal shall be allowed to be withdrawn by a ruling;
 If it considers that the facts of the original judgment are not clear, the evidence is insufficient, or the innocence is judged as a crime, or a misdemeanor is severely sentenced, it shall not be allowed, and it shall continue to be tried as an appeal case.
 If a defendant sentenced to immediate execution of the death sentence files an appeal and applies to withdraw his appeal before the judgment is announced after the opening of the court session of the second instance, he shall not be allowed to continue to hear the case on appeal.