[Direct answer]In the Beijing area, after a criminal case is filed, it's not irreversible. The case can be withdrawn if it meets the statutory conditions. According to Articles 16 and 163 of the Criminal Procedure Law of the People's Republic of China, if the circumstances are obviously minor and the harm is not great enough to be considered a crime, if the crime has exceeded the statute of limitations, if the punishment is waived by a special amnesty order, if the crime subject to prosecution by the plaintiff according to the Criminal Law is not reported or withdrawn, or if the suspect or defendant dies, the case shall be withdrawn or not prosecuted, or the trial shall be terminated. In practice, defense lawyers can, at the investigation stage, through timely meetings, verifying the facts, promoting restitution and understanding, and demonstrating the absence of social danger, strive for non-approval of arrest, change of coercive measures, or even withdrawal of the case. It is recommended to engage a lawyer as soon as possible after the case is filed. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

1. Problem background and typical scenarios

Criminal case filing is a sign that the investigation has begun, but filing a case does not necessarily mean that the person involved will be held accountable to the end. Typical scenarios include: after the suspect is criminally charged with fraud, illegal business operations, etc., the family is eager to find out whether the case can be withdrawn; some cases are withdrawn during the investigation stage due to unclear facts, insufficient evidence, or minor circumstances; there are also cases where the suspect actively compensates for the losses and obtains the victim's forgiveness, which results in non-arrest and bail pending trial, creating conditions for subsequent withdrawal of the case or non-prosecution. In practice, many people mistakenly believe that "if a case is filed, it must be sentenced," missing the opportunity to strive for withdrawal during the investigation stage. In fact, the outcome after case filing highly depends on the facts, evidence, and defense intervention. Related property compensation can be combined withCreditor-debtor relations and enforcement case servicesCoordinate and promote progress in an integrated manner.

II. Key points of contention

There are three main points of contention regarding the dismissal of a case. Firstly, whether the act constitutes a crime or whether the circumstances are significantly minor: the nature of the act and the degree of harm directly affect whether the case should be dismissed. Secondly, evidence and statute of limitations: whether the facts are clear, whether the evidence is sufficient, and whether the statute of limitations has expired. Thirdly, mitigating circumstances and procedures: whether restitution and apologies, voluntary surrender and confession, and plea bargaining can reduce the necessity of prosecution, and whether the case-handling organ has initiated a review of the dismissal of the case in accordance with the law. Lawyers need to systematically collect favorable facts during the investigation stage and submit legal opinions based on the above-mentioned points of contention. For cases involving victim compensation, reference can be made to the relevant provisions.Personal injury and medical dispute servicesEvaluate the impact of the accompanying civil litigation.

III. Professional analysis by Hengluo Lawyers

Take the fraud case handled by our firm as an example. The defendant, Liu Gang, was detained on suspicion of fraud on July 15, 2025, and had a child under one year old at home who needed care. The handling lawyer met with him multiple times at the first time to verify that he had no criminal record and was a first-time offender. The lawyer also coordinated with his family to fully refund the illegal proceeds and obtained a written apology from the victim. Based on seven dimensions including admitting guilt and repentance, confessing, pleading guilty and accepting punishment, and not posing a danger to society, the lawyer submitted an application for refusal of arrest to the procuratorial organ. The procuratorial organ accepted the lawyer's opinion and decided to refuse approval of arrest and change the coercive measures to bail pending trial. This case shows that promoting the refusal of arrest and changing coercive measures through professional intervention after filing a case is an important step towards case withdrawal or non-prosecution. This case was handled by Beijing Henglu Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as an agent. For cases with significantly minor circumstances and little harm, the lawyer can further argue for the dismissal of the case and ensure the effectiveness of the defense. Relevant special defense can be followed upSpecial services and other case services.

IV. Practical suggestions and legal basis

The legal basis is Article 16 (Circumstances in which criminal responsibility shall not be pursued) and Article 163 (Cases shall be withdrawn if it is found during the investigation that the criminal suspect should not be held criminally responsible) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); as well as the provisions of the Criminal Law on the statute of limitations and the handling of cases upon the victim's request. Practical suggestions: Immediately entrust a lawyer to meet with the suspect after the case is filed to verify whether the statutory circumstances for withdrawing the case exist; for suspected economic crimes, promptly refund the money and obtain the victim's understanding to reduce the evaluation of social dangerousness; submit legal opinions against the approval of arrest based on the lack of necessity for arrest; for cases with significantly minor circumstances and insufficient evidence, apply for the withdrawal of the case or strive for non-prosecution in accordance with the law. For cases involving procedural connection, relevant provisions may be combined with each other.Criminal defense and legal services for criminal case filingDevelop a strategy.

5. Henglu Law Firm's Reminder

After a criminal case is registered, there is still room for negotiation, but it must proceed in accordance with the law. The parties involved and their families should avoid two misunderstandings: first, believing that being registered necessarily means being sentenced and giving up passively; second, attempting to withdraw the case through "connections" and thereby risking legal consequences. The correct approach is to hire a professional lawyer as soon as possible, fix favorable facts during the investigation stage, promote restitution and understanding, demonstrate the lack of social danger and conditions for case withdrawal, and submit opinions to the case-handling authorities in accordance with the law. It is strictly prohibited to destroy evidence, interfere with witnesses, or believe in illegal promises. If the case involves circumstances such as significantly minor circumstances or exceeding the statute of limitations, it is particularly important to assert rights in a timely manner and seize the opportunity to withdraw the case.

VI. Frequently Asked Questions

Q1: After a criminal case has been filed, can a lawyer still try to get the case dismissed?

There is a realistic possibility, but it depends on whether it meets the statutory circumstances for case withdrawal and the evidentiary facts. If the case circumstances are significantly minor, the harm is not great, and it is not considered a crime; or the facts are unclear, the evidence is insufficient; or there are circumstances such as exceeding the statute of limitations or being pardoned, the case should be withdrawn according to law. The role of a lawyer is to meet with the client in time during the investigation stage to verify the facts, promote restitution and understanding, demonstrate the absence of social danger, strive for non-arrest and change of compulsory measures, and create conditions for case withdrawal or non-prosecution. The outcome cannot be promised in advance, but professional intervention can significantly increase the space for obtaining favorable results according to law. Do not believe in the false claims of guaranteed case withdrawal.

Q2: If a family member wants to fight for the dismissal of the case, what evidence and materials do they need to prepare?

The core materials include: the notice of case filing and the detention or arrest document (confirming the status of the case); materials proving the absence of criminal facts or minor circumstances (such as proof of economic transactions between the parties and explanations of misunderstandings); repayment certificates and letters of understanding from victims (especially crucial for economic crimes); proof of the suspect's lack of a criminal record and consistent good behavior; written records of voluntary surrender and confession of guilt and acceptance of punishment; and evidence supporting the exceeding of the statute of limitations or cases requiring prosecution only upon complaint. The organization of evidence should focus on three points: "not constituting a crime, significantly minor circumstances, and no need for prosecution". The lawyer's system shall submit the evidence to the case-handling organ.

Q3: Approximately how much does it cost to hire a lawyer to fight for the dismissal of the case?

The attorney's fees are calculated on a piecework basis or negotiated based on the workload at different stages such as investigation, review and prosecution, and trial. The specific fees shall be specified in the power of attorney contract in accordance with relevant regulations, and there is no unified standard. Criminal litigation prohibits contingency fees, and caution should be exercised regarding promises of "charging fees after successfully withdrawing the case". It is recommended to clarify the fees at each stage, whether they include travel and third-party expenses, and the conditions for refunds before entrusting the lawyer. The fees should be charged by the law firm in a standardized manner to avoid private transfers. By investing the fees in key stages such as meeting with clients, verifying evidence, and drafting legal opinions, the effectiveness of withdrawing the case can be improved.

Q4: How long does it usually take from filing a case to seeking its withdrawal or obtaining a non-arrest warrant?

The timing depends on the stage of the case and the specific circumstances. The response period for reviewing and approving the arrest after detention is 7 days, which is a crucial window to strive for not approving the arrest; the maximum detention period before applying for approval of the arrest can reach 37 days ("golden rescue period"). There is no unified legal time limit for withdrawing the case, which needs to be combined with the progress of the investigation and the effectiveness of the lawyer's submissions. It may take several weeks to months. Overall, the earlier you hire a lawyer, the more evidence you have, the faster it will be to strive for not approving the arrest, obtaining bail, or withdrawing the case. It should be noted that obtaining bail does not mean the case is over, and you should continue to pay attention to the subsequent developments.

Q5: After a family member is criminally charged, what should the family do first?

There are four steps to follow: First, learn about the suspected charges, the case-handling authority, and the detention location of the client as soon as possible, and receive legal documents; Second, hire a lawyer to meet with the client as soon as possible to understand the case and verify whether there are conditions for withdrawing the case or refusing to approve the arrest; Third, actively make restitution for economic crimes, seek the victim's understanding, and prepare mitigating materials such as no criminal record, first-time offender, or family difficulties to submit to the lawyer; Fourth, have the lawyer submit legal opinions to the case-handling authority according to law, refusing to approve the arrest or withdrawing the case, and requiring family members not to interfere with the case-handling process or easily believe in promises of connections. Throughout the entire process, we should advance through legal and professional channels and seize the window of opportunity to strive for favorable outcomes after the case is filed.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Yuan Hang·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.