criminal case_offenses against reputation, et cetera.

 criminal case_offenses against reputation, et cetera.

the fact:
criminal complainant: Mr. Lu.
criminal accused: Mr. Lin.
21:45 o'clock, 29th October 2022, in the McDonald' branch.
Lin is a customer, Lu is the clerk of the McDonald's branch.
Lin didn't wear mask on face, Lu please Lin cover the mask.
Lin curse Lu "fuck your mother" "fuck pussy".
then Lu go to police station, file the complaint for infringing his reputation.
during the investigating,
the public prosecutor transfer the case to the borough mediation committee.

the clauses of the mediation settlement:
1.Lin apologize to Lu at the site.
2.Lu withdraw the criminal complainant.
3.both agree abandon the remaining civil claim, and not persecute other side criminal responsibility, the complainant withdraw the criminal complaint.

Lu signed the "agree withdraw complaint form" at the site.

the third may 2023,
the borough hall submit the mediation the local court for reviewed by judicial affair officer.
at the same time, mail the record of the mediation clause and the withdraw complaint form to the local prosecutors' office, who transfer that case.
the 15th may 2023, the local court approved the case.

my comment:
1.Lin give the red envelope to Lu in addition, besides apologizing. but not in the record.
2.in the borough mediation, recording the withdraw complaint , if the court have approved it, deemed as withdraw already.
sign the withdrawal complaint form is unnecessary.
but the local prosecutors' office transfer the case adding the withdraw complaint form and express that please the complainant sign if the settlement reached.

the problem is:
if the court disapproved, but the withdraw complaint form had be mailed to the local prosecutors' office,
how to deal with that?
accomplishing mediation deemed as withdrawn, and signing withdraw complaint form, has the same effect separately.
even if the court disapproved the mediation, the withdraw complaint form had be mailed to the local prosecutors' office,
the criminal complaint would be withdrawn too.
only left the victim civil claim.

the other measure:
when the mediation reach settlement, not mail to local prosecutor as same time.
submitting to the court, until the court review completely, after that, mailing to the prosecutor.
hence, the prosecutor would receive the mediation record, withdraw complaint form, and the court disapproved document simultaneously.
the purpose is that prosecutor would notice the court disapproved the case.
how to deal with the withdraw complaint form, up to the prosecutor.

The Township and County-Administered City Mediation Act
Article 28
For the criminal cases instituted only upon the complaint, the successful mediation is reached during the investigation or before the conclusion of debate in the court of first instance and the intention of withdrawing the complaint of the party has been recorded in the mediation agreement, which is approved by the court, the complaint or private prosecution shall be deemed as withdrawn at the time the successful mediation is reached.