What are the circumstances under which criminal punishment is exempted?

Legal Analysis:1The circumstances are obviously minor and the harm is not great, and 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only after a complaint is made in accordance with the Criminal Law, and the complaint is not made or the complaint is withdrawn. 5.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circumstances, criminal responsibility is to be pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial may be terminated, or a not guilty: (1) the circumstances are obviously minor and the harm is not great, and it is not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) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

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 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 Analysis: The circumstances exempted from criminal punishment are: 1. 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 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: Article 37 of the Criminal Law of the People's Republic of China: 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, or the competent department may give an administrative punishment or administrative sanction. Article 37-1: Where a criminal punishment is given for taking advantage of their profession to facilitate the commission of a crime, or for committing a crime that violates the specific obligations required by the profession, the people's courts may, on the basis of the circumstances of the crime and the need to prevent further crimes, prohibit them from engaging in the relevant profession from the date on which the criminal punishment is completed or the date of parole, for a period of 3 to 5 years.

Where a person prohibited from engaging in a relevant profession violates a decision made by a people's court in accordance with the provisions of the preceding paragraph, the public security organs are to give punishment in accordance with law; where the circumstances are serious, follow the provisions of article 313 of this law for conviction and punishment. Where other laws and administrative regulations have other provisions prohibiting or restricting their engagement in relevant professions, follow those provisions.

Legal Analysis: Exemption from criminal punishment mainly includes the following situations: 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 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: Article 37 of the Criminal Law of the People's Republic of China.

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.

Exemption from criminal punishment may be as follows:

1. Those who have been exempted from criminal punishment by amnesty order;

2. The statute of limitations for prosecution has expired.

3. The criminal suspect or defendant is deceased;

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 circumstances are obviously minor, the harm is not great, and it is not considered a crime.

[Legal basis].Article 16 of the Criminal Procedure Law.

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 statute of limitations for prosecution has already expired;

(3) Exemption from criminal punishment by amnesty order;

4) Where a crime is handled 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 for pursuing relatives.

Let me tell you what it means to be exempt from criminal punishment.

Exemption from criminal punishment refers to a way of dealing with criminals whose crimes are minor and do not need to be punished by criminal law. Exemption from criminal punishment is aimed at criminal conduct where the circumstances of the crime are minor and do not cause relatively serious harm to society, such as preparing tools for the crime, manufacturing tools, being coerced to participate in the crime, causing major losses due to excessive justifiable defense or emergency avoidance, and suspending the crime without causing major losses, and so forth, may be handled in a way that is exempt from criminal punishment, and must be determined in accordance with the specific provisions of the criminal law on crimes and criminal responsibility. Exemption from criminal punishment is a provision that the criminal law determines that the circumstances are significantly minor and the harm is not great, and is not considered to be a crime, and the circumstances mentioned here are obviously minor and the harm is not great, which means that the perpetrator's conduct has not yet reached the procedure of committing a crime, but is only considered to be an illegal act, so it cannot be considered a crime; Minor circumstances mean that the conduct of the person subject to criminal punishment has constituted a crime, but the circumstances are minor and the harm to society is not great, but his conduct has exceeded the illegal procedure and constitutes a crime, but in accordance with the provisions of the Criminal Law, such criminal conduct may be exempted from criminal punishment.

Criminals who are exempted from criminal punishment may be given civil punishments such as reprimands, orders to make statements of repentance, formal apologies, or compensation for losses, or administrative punishments by the competent departments, based on the different circumstances of the criminal case.

2. Exemption from criminal punishment.

Exemption from criminal punishment is also known as exemption from punishment and exemption from criminal punishment. It means that only the offender is convicted of the criminal act, but no penalty is imposed on the offender. There are two scenarios that can be included:

1. Only a guilty verdict is made for the offender's criminal acts, and the offender is not sentenced to any criminal punishment, but the offender is given a non-criminal punishment.

2. Exemption from criminal punishment is also known as exemption from criminal punishment and exemption from criminal punishment only for the offender's criminal conduct. It means that only the offender is convicted of the criminal act, but no penalty is imposed on the offender. There are two scenarios that can be included:

1. Only a guilty verdict is made for the offender's criminal acts, and the offender is not sentenced to any criminal punishment, but the offender is given a non-criminal punishment.

2. Only the guilty person is declared guilty of the criminal act, and the criminal is not sentenced to any criminal punishment or non-criminal punishment, that is, the guilty person is simply declared.