What are the conditions under which a criminal case may be exempted from criminal punishment?

The conditions for exemption from criminal punishment are:

1. Where the circumstances of the crime are minor and no criminal punishment is required;

2. Constitutes voluntary surrender and the crime is relatively minor;

3. Surrendering after committing a crime and making major meritorious contributions;

4. Committing a crime outside the territory of the People's Republic of China and having already received a criminal punishment in a foreign country.

[Legal basis].

Article 10 of the Criminal Code.

Where crimes are committed outside the territory of the People's Republic of China and should be held criminally responsible in accordance with this Law, although they have been tried in a foreign country, they may still be pursued in accordance with this Law, but those who have already received criminal punishment in a foreign country may be exempted or commuted.

Article 67.

Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered. 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.

Where criminal suspects do not have the circumstances provided for in the preceding two paragraphs of voluntary surrender, but truthfully confess their own crimes, they may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.

can reduce the punishment.

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.

Exemption from criminal punishment means that for some reason the crime is committed and criminal punishment is required, but due to voluntary surrender or other circumstances, no criminal punishment is required. According to the provisions of the Criminal Law, the following conditions are mainly required for exemption from criminal punishment: 1. A person who is deaf and dumb or blind commits a crime and may be mitigated, commuted or exempted from punishment (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 evacuation exceeds the necessary limit and causes undue harm, criminal responsibility shall be borne, but punishment shall be reduced or waived (Article 21, Paragraph 2 of the Criminal Law). 4. For preparatory offenders, punishment may be mitigated, commuted, or waived by comparison with those committed (Criminal Law article 22, paragraph 2).

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 surrendered. Of these, where the crime is relatively minor, punishment may be waived. 9. Where a person voluntarily turns himself in after committing a crime and has a major meritorious service, punishment shall be commuted or waived.

Articles 19, 20, 21, 22, 24, 27, 28 and 67 of the Criminal Law of the People's Republic of China.

Legal Analysis: Exemption from criminal punishment mainly includes the following circumstances: 1. For criminals who surrender voluntarily, the punishment may be mitigated or commuted.

Of these, where the crime is relatively minor, punishment may be waived. 2. Where a person voluntarily surrenders after committing a crime and has major meritorious service, punishment shall be commuted or waived; 3. Where a deaf or dumb person or a blind person commits a crime, the punishment may be mitigated, commuted, or waived; Wait a minute.

Legal basis: Article 16 of the Criminal Procedure Law of the People's Republic of China on Selling Litigation Article 16 In the following circumstances, criminal responsibility shall not be pursued, and where it has already been investigated, the case shall be withdrawn, or not prosecuted, or the trial shall be 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) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation;

5) The death of a criminal suspect or the person who was ordered to be annihilated;

(6) Other laws provide for exemption from criminal responsibility.

Exemption from criminal punishment is not the imposition of a criminal penalty . Exemption from criminal punishment means that the suspect who committed the crime of "orange and quiet" is found guilty, and he is exempted from criminal punishment because of the legal situation. Penalties are divided into principal and supplementary punishments.

The types of principal punishments are as follows: (1) control; (2) Detention ; 3) Fixed-term imprisonment; 4) life imprisonment; (v) The death penalty. Article 33 of the Criminal Law of the People's Republic of China The types of principal punishments are as follows:

a) control; (2) Detention ; 3) Fixed-term imprisonment; 4) life imprisonment; (5) Death penalty Yunfeng.

Legal Analysis: Exemption from criminal punishment means that a crime is committed for some reason and criminal punishment is required, but due to voluntary surrender or other circumstances, it is not necessary to accept criminal punishment.

China's "Criminal Procedure Law of the People's Republic of China" establishes the principle of not pursuing criminal responsibility if there are legal circumstances for wanton rupture. Exemption from criminal punishment mainly includes the following circumstances:

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.Those who have been exempted from punishment by amnesty order. According to the Constitution, the Standing Committee of the National People's Congress has the power to decide on amnesty. Once the amnesty has been granted, the offender may not be prosecuted.

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. If criminal responsibility should be pursued in accordance with the criminal law, but other effective laws provide for exemption from criminal responsibility, it shall not be pursued in accordance with the principle that special law prevails over ordinary law.

Legal basis: Criminal Law of the People's Republic of China Article 37: Where the circumstances of the crime are minor and do not require a criminal punishment, criminal punishment may be waived, but only hail may be given a reprimand, or ordered to make a statement of repentance, make a formal apology, or compensate for losses, or the competent departments may give administrative punishments or administrative sanctions.

Criminal Procedure Law of the People's Republic of China》 Article 162: In cases where the public security organs' investigation has been concluded, the facts of the crime shall be clear, the evidence credible and sufficient, and a written opinion for prosecution shall be written, and the criminal suspect and his defense lawyer shall be informed of the transfer of the case when it is transferred to the people's procuratorate at the same level together with the case file materials and evidence for review and decision.

Where criminal suspects voluntarily admit guilt, they shall be recorded in the case file and transferred with the case, and the relevant circumstances shall be noted in the prosecution opinion.

The circumstances exempted from criminal punishment are: 1. The circumstances are obviously minor and the harm is not great, and it is not considered to be a crime; 2. The statute of limitations for prosecution has already expired; 3. Those who have been exempted from punishment by a special 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 complaint; 5. The criminal suspect or defendant is deceased; 6. Other laws provide exemption from criminal responsibility.

[The law is based on this Zhaoqin].

Article 37 of the Criminal Law provides that 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 department may give an administrative punishment or administrative sanction.

Is exemption from criminal punishment a sentence of imprisonment? Exemption from criminal punishment cannot be considered as a sentence of punishment. Exemption from criminal punishment means that the criminal suspect is considered guilty, and is not punished due to statutory circumstances, exempted from criminal punishment, and is exempted from punishment because of guilt, which still constitutes a criminal offense, and in layman's terms, it means that he has a criminal record, and the legal consequence of a not-guilty verdict is that when the suspect is detained, he should be released immediately and not guilty, of course, there is no need to bear criminal responsibility and not be subject to criminal punishment.

"Exemption from criminal punishment" is a punishment in which a people's court finds that a certain act constitutes a crime, but rules to waive criminal punishment because the circumstances of the crime are minor. Upright erection is the people's court's choice of law on the premise that the defendant has constituted a crime, and "the circumstances of the crime are minor and do not need to be punished" as a general condition. Where the law provides that a criminal punishment shall be waived, a judgment must be made to waive the criminal punishment.

From Article 37 of the Criminal Law, we can know that two conditions must be met for exemption from criminal punishment: first, the circumstances of the crime are minor, and second, there is no need to impose a criminal penalty. Is it too big to understand this?