criminal mediation case, the bid society for fraudulence.

criminal mediation case, the bid society for fraudulence.

[my opinion]
the case belong to the fraudulence is not the case prosecuted only upon complaint.
but I still draw up withdraw complaint petition, had the victim sign on it.
on one hand, consider the exception just in case.
I prepared withdraw compliant petition for all criminal case.
on the other hand, the rule of deferred prosecution on the code of criminal procedure.
victim sign on the withdraw petition,
that can imply victim consent for the conditions of deferred prosecution

I had draw up the draft as follows.
refer to withdraw petition of the certain squad of district prosecutors' offices.
"complainant agree public prosecutor render not prosecute or defer prosecute only noted important part motu proprio, or request summary procedure with suspension of sentence".
but during practice examine, the chief clerk of prosecutor office point out that withdraw complaint may not add conditions.

the default of transaction become filing the complaint of fraudulence.
the instances are too many.
in theory, there are transaction prior and intention prior.

transaction prior:
at making transaction, debtor have a payment plan on time.
but thereafter debtor's earning was not fitting in with expectation.
the debtor couldn't pay on time.
that is the civil dispute purely.

intention prior:
in the beginning of making the transaction, the debtor want not to payback intentionally.
he make others give him money on the name of loan.
that is fraudulence.

[the fact]
from July 25th 2021 to November 4th 2022.
both parties constitute a bid society and lend for consumption.
Mrs Xu is borrower, and Mrs Zheng is lender.
the amount of the lend for consumption is 165 thousand new Taiwan dollars(below same).
afterwards borrower XU delinquent.
the case has be filed to district prosecutors' office allotted to certain squad.

on May 17th 2023,
the district mail the case to the borough mediation.

on May 30th 2023, mediation reach the settlement.

[appendix]
district prosecutors' office mail include transferred form and police report.
the withdraw complaint petition signed by complainant Mrs Zheng.
copies of Zheng's and Xu's identity card front and back.
copy of Zheng's post account to be used by payment.

[the settlement]
1.Xu owe Zheng 165 thousand new Taiwan dollars(below same) originally.
2.before today, Xu had pay Zheng 120 thousand dollars already, had be checked by Zheng.
3.the remaining 45 thousand, payment by installment, since June, Xu pay Zheng 3 thousand dollars before the 5th per month, until the full payment is finished. if each term delinquent, every term deemed to be expired.
4. transfer to the post account OOO-OOO designated by Zheng.
5.both agree to abandon the civil claim, both agree not investigate the criminal responsibility, the complainant withdraw the complaint.

on May 31th 2023 submit to the local court for review.

on June 9 2023 judicial affairs officer approved it.

[reference]
<Code of Criminal Procedure> Article 256
Within ten days after the receipt of a written ruling not to prosecute or a written ruling of deferred prosecution, a complainant may make a petition in writing for reconsideration of the ruling, setting forth the reasons for dissatisfaction, to the public prosecutor who handled the case. The public prosecutor shall transfer the petition to the chief prosecutor of the immediately superior Public Prosecutors Office, or to the Prosecutor General. In the situation where a ruling under Articles 253 and 253-1 was made with the consent of the complainant, the complainant may not make a petition for reconsideration.