Can an arrest be exempted from criminal punishment?

OK. 1.Arrests are only coercive measures and are not punitive.

2.Conditions for exemption from criminal penalties:

Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived, but based on the different circumstances of the case, a reprimand or order a statement of repentance, a formal apology, or compensation for losses, or the competent departments may give administrative punishments or administrative sanctions.

Where there is a major meritorious service after a crime is voluntarily surrendered, punishment shall be commuted or waived.

A person who is deaf and dumb or blind may be given a mitigated, commuted, or waived punishment if he commits a crime.

Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.

Where emergency evacuation exceeds the necessary limit and causes undue harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.

In order to commit a crime, it is the preparation of tools and the creation of conditions.

For preparatory offenders, punishment may be mitigated, commuted, or waived by comparison with those already committed.

In the course of committing a crime, the crime is suspended when the crime is automatically abandoned or the outcome of the crime is automatically and effectively prevented.

Where the offense is suspended and no harm is caused, punishment shall be waived; where harm is caused, punishment shall be commuted.

10.Those who play a secondary or auxiliary role in a joint crime are accomplices.

11.For accomplices, punishment shall be mitigated, commuted, or waived.

12.Where a person is coerced to participate in a crime, punishment shall be commuted or waived in accordance with the circumstances of his crime.

Hope it helps.

We often see some criminal suspects in film and drama works, when they are questioned, their attitude is not sincere and lies, and they don't even say their names, thinking that this can avoid punishment, but in fact, this will not only not avoid punishment, but will also increase the crime.

According to the law, after being arrested, even if the criminal suspect does not say his name or his real name, as long as the facts of the crime are clear and the evidence is credible and sufficient after investigation, the criminal suspect must still be punished by law. The investigative organs may transfer the case for review for prosecution in accordance with their self-reported names.

Article 61 of the Criminal Procedure Law of the People's Republic of China: Public security organs may detain current offenders or major suspects in any of the following circumstances:

1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;

2) The victim or a person who witnessed it at the scene identified him as having committed the crime;

3) Evidence of a crime is found in the vicinity or residence;

4) Attempting suicide, escaping, or being at large after committing a crime;

5) There is a possibility of destroying or fabricating evidence or colluding confessions;

6) Not telling their real name or address, and their identity is unclear;

7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.

Article 128:Where a criminal suspect does not state his or her real name or address, and his identity is unclear, the period of investigative detention is calculated from the date on which his identity is clarified, but the investigation and collection of evidence for his criminal conduct must not be stopped. Where the facts of the crime are clear and the evidence is credible and sufficient, it may also be transferred to the people's procuratorate for review for prosecution in their self-reported names.

The above knowledge is the answer to the question of "what is the consequence of not saying your name after being arrested", if you have legal questions and want to consult, you can pay attention to no lawsuit, private message consultation.

Hello! Arrest and deserving of criminal punishment are two separate concepts that do not depend on or condition each other. Under normal circumstances, if the public security organs have evidence to prove that there is a direct causal relationship between a case and the suspect, then the procuratorate will approve the arrest of the suspect by the public security organs.

Whether or not criminal punishment is required after arrest depends on the judgment of the judge of the court. If the judge finds that the crime committed by the criminal suspect is obviously minor and can be exempted from criminal punishment, it is also possible for the court to make a decision to exempt from criminal punishment in accordance with the law.

Yes, the procuratorate does not prosecute and the court terminates the trial or acquits you.

If there is a law that provides for the imposition of a penalty but exemption from punishment even when it is time to pronounce a sentence.

In legal theory, yes.

There will be no sentence. According to Article 37 of the Criminal Law, exemption from criminal punishment is a punishment in which a people's court determines that a certain act constitutes a crime and does not need to be sentenced because the circumstances of the crime are minor.

Article 37 of the Criminal Law [Non-Punitive Disposition Measures]Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived, but depending on the different circumstances of the case, a reprimand or order a statement of repentance, a formal apology, or compensation for losses may be given, or the competent department may give an administrative punishment or administrative sanction.