What is exemption from criminal punishment and the conditions for exemption from criminal punishment

What is the principle of proportionality of crime and punishment? According to the provisions of the Criminal Law, the principle of proportionality of crime and punishment refers to the severity of the punishment imposed by the people's court on a criminal, which shall be commensurate with the crime committed by the criminal and the criminal responsibility borne by the criminal. Where the crime is serious, the sentence shall be severe, and where the crime is relatively minor, the sentence shall be light, so that the punishment is commensurate with the crime.

The principle of proportionality of crimes is an inherent requirement of the criminal legal system. This principle is not only a principle that must be followed in the formulation of criminal law, but also a principle that should be observed in the implementation of criminal law. In accordance with the requirements of the law on crimes, the criminal law shall have clear provisions on the sentencing of each type of crime, and shall provide for heavier punishments for crimes that are serious in nature and cause great harm to society, and relatively light punishments for crimes of a relatively minor nature and circumstances.

For each type of crime, there is also a difference in severity, and for the same crime, some of the circumstances are more heinous and the consequences are more serious, and some of the circumstances are less serious and the consequences are more serious. In the enforcement of the criminal law, the principle of proportionality of crime and punishment must be strictly observed. After determining a criminal conduct, judges are to choose the corresponding sentencing range in accordance with law based on the severity of the circumstances of the crime and whether there are various legally-prescribed sentencing circumstances, and decide the applicable punishment within the sentencing range.

If it is a heavier sentencing range, the punishment cannot be selected within the lighter sentencing range, and if it is a lighter sentencing range, the punishment cannot be applied within the heavier sentencing range. Where the crime has legally-prescribed circumstances such as mitigating, aggravating, or commuting or waiving punishment, the punishment is to be mitigated or heavier or commuted or waived in accordance with law, and where there are no legally-prescribed circumstances such as mitigating, aggravating, or commuting or waiving punishment, the punishment cannot be mitigated or heavier, or the punishment commuted or waived is to be waived.

In fact, a crime has been committed, but it is exempt from punishment because it meets the provisions of the law.

Legal analysis: 1. The circumstances are obviously minor and the harm is not great, so it is not considered a crime. 2. The statute of limitations for prosecution has expired.

3. Those who have been exempted from criminal punishment by amnesty order. 4. Crimes that are handled only after being told in accordance with the Criminal Law, and there is no complaint or withdrawal of the accusation. 5. The criminal suspect or defendant is deceased.

6. Other laws provide exemption from criminal responsibility.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 16: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted:

1) Where the circumstances are obviously minor, the harm is not great, and it is not considered a crime;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;

5) The suspect or defendant who committed a crime is deceased;

6) Other laws provide for exemption from criminal responsibility.

Legal Analysis: Exemption from criminal punishment is a punishment in which the people's court determines that a certain act constitutes a crime, but because the circumstances of the crime are minor, the judgment exempts from criminal punishment. It is the people's court's choice with the law on the premise that the defendant has constituted a crime, and that the circumstances of the crime are minor and do not need to be punished.

Legal basis: "Criminal Law of the People's Republic of China" Article 37: Where the circumstances of the crime are minor and no criminal punishment is required, criminal punishment may be waived, but based on the different circumstances of the case, a reprimand or a reprimand, a formal apology, or compensation for losses, may be given an administrative punishment or administrative sanction by the competent department.

Article 37 of the Criminal Law stipulates: "Where the circumstances of the crime are minor and no criminal punishment is required, criminal punishment may be waived, and the following conditions must be met for exemption from criminal punishment: 1. A deaf and dumb person or a blind person may be mitigated, commuted, or exempted from punishment if the crime is committed (Article 19 of the Criminal Law).

2. Where legitimate defense clearly exceeds the necessary limits and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived (Criminal Law article 20, paragraph 2). 3. Where emergency avoidance exceeds the necessary limit and causes undue harm, criminal responsibility shall be borne, but punishment shall be reduced or waived (Criminal Law Article 21, Paragraph 2). 4. For preparatory offenders, the punishment may be mitigated, commuted, or waived by comparison with the completed offender (paragraph 2 of Article 22 of the Criminal Law).

5. Where the suspension has not caused harm, punishment shall be waived; where harm is caused, punishment shall be commuted (Criminal Law article 24, paragraph 2). 6. Accomplices shall be given a lighter, commuted punishment, or waived punishment (Criminal Law article 27, paragraph 2). 7. Where a person is coerced to participate in a crime, punishment shall be commuted or waived in accordance with the circumstances of his crime (article 28 of the Criminal Law).

8. Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrenderedOf these, where the crime is relatively minor, punishment may be waived.

Legal Analysis:1Where the circumstances are obviously minor, the harm is not great, and the harm is not great, it is not considered a crime.

refers to a crime that does not constitute a crime under the provisions of the Criminal Law. This is the boundary between crime and non-crime, and of course criminal responsibility cannot be pursued for those who do not constitute a crime. 2.

The statute of limitations for prosecution has already expired. 3.Those who have been exempted from punishment by amnesty order.

4.Crimes that are handled only after a complaint is made in accordance with the Criminal Law, and the complaint is not made or the complaint is withdrawn. 5.

The criminal suspect or defendant is deceased. 6.Other laws provide for exemption from criminal responsibility.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 16: In any of the following circumstances, criminal responsibility is to be pursued, and where the case has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or acquitted: (1) the circumstances are obviously minor and the harm is not great, and it is not considered a crime; 2) The statute of limitations for prosecution has already expired; 3) Punishment is waived by a special amnesty order; (4) Crimes that are handled only after a complaint is made in accordance with the Criminal Law, and the complaint is not made or the complaint is withdrawn; (5) The criminal suspect or defendant is deceased; 6) Other laws provide for exemption from criminal responsibility.

The criminal law exempts from criminal punishment, and if the reason for the exemption is a lesser crime, it is considered a crime. Where the circumstances of the case are obvious and subtle, and the harm is not great, it is not considered a crime. Punishment may be waived for criminals who voluntarily turn themselves in or have major meritorious service and whose crimes are relatively minor.

1. Can voluntary surrender and meritorious service be carried out at the same time?

Voluntary surrender is a truthful confession of one's own crimes, while meritorious service is to expose the criminal acts of others, verify the facts, or provide important clues, so that other cases can be solved, so voluntary surrender and meritorious service can be established at the same time. According to article 67 of the Criminal Law, a person who voluntarily surrenders after committing a crime and truthfully confesses his or her crime is deemed to have surrendered voluntarily. Criminals who surrender themselves may be given a lighter or commuted punishment.

Of these, where the crime is relatively minor, punishment may be waived. Where criminal suspects, defendants, or convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that are not yet known to the judicial organs, they are to be considered to have voluntarily surrendered. Article 68 stipulates that where criminals have made meritorious contributions such as exposing the criminal conduct of others, verifying the facts, or providing important clues that enable them to solve other cases, their punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived.

II. What are the targets of general sentencing for crimes endangering public safety.

Consider the following sentencing circumstances:

1.Where harm is not caused, punishment shall be waived for the suspension where no harm has been caused; where harm is caused, punishment shall be commuted.

2.Where the crime is relatively minor and the person voluntarily surrenders, punishment may be waived.

3.Where they are coerced accessory offenders, punishment shall be commuted or waived in accordance with the circumstances of the crime where they are coerced to participate in the crime.

4.Where there is major meritorious service, punishment may be commuted or waived.

Article 16 of the Criminal Procedure Law of the People's Republic of China.

In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or acquitted

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2) The crime has already passed the statute of limitations;

3) Punishment is waived by a special amnesty order;

4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;

(5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility.