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Anonymous users2024-02-13The circumstances under which criminal liability is not pursued by law are as follows:
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 punishment by amnesty order.
4. Crimes that are handled only after being complained in accordance with the Criminal Law have not been complained about or the complaint has been withdrawn.
5. The criminal suspect or defendant is deceased.
6. Other laws provide for exemption from criminal liability.
Legal basisArticle 16 of the Criminal Procedure Law of the People's Republic of China.
Here's an exampleA suspect committed intentional homicide. Combined with the various circumstances of his crimes, he could be sentenced to 18 years in prison. However, the statutory maximum penalty for intentional homicide is the death penalty, so it takes 20 years, that is, the criminal suspect will no longer be held criminally responsible after 20 years without being investigated by the public security organs.
However, if someone reports to the police after the case is discovered, the public security organs have already opened a case for investigation. No matter how many years a criminal suspect has been on the run, he or she must be held criminally responsible. Therefore, the statutory maximum sentence mentioned here is the statutory maximum sentence for the criminal suspect's crime.
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Anonymous users2024-02-12The statutory circumstances under which criminal responsibility is not pursued are: 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 a special amnesty order;
In our country, the Standing Committee of the National People's Congress has the right to decide on amnesty. Such amnesty orders have the legal effect of terminating criminal prosecutions;
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. According to the relevant legal provisions, if the people's court discovers any of the above circumstances in a private prosecution case during the case filing stage, it shall not accept it;
In any of the circumstances described above in a public prosecution case, the public security organs and people's procuratorates shall make a decision not to file the case. During the trial phase, in the first case above, the people's court shall rule that Jian Xiao is not guilty;
For the remaining five situations, a ruling should generally be made to terminate the trial. However, where it can be confirmed that the deceased defendant is not guilty on the basis of the ascertained facts of the case and the ascertained evidentiary materials, the people's court shall make a judgment declaring the defendant not guilty.
Legal basis] 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 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 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 told or withdrawn;
5. The criminal suspect or defendant is deceased.
6) Other laws provide for exemption from criminal responsibility.
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Anonymous users2024-02-11Legal analysis: According to the relevant laws and regulations of the country, the statutory circumstances for not pursuing criminal responsibility are: (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 punishment by amnesty order. 4. Crimes that are handled only after being complained in accordance with the Criminal Law have not been complained about or the complaint has been withdrawn. 5. The criminal suspect or defendant is deceased. 6) Other laws provide for exemption from criminal responsibility.
Legal basis: 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 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 expired. 3. Those who have been exempted from punishment by amnesty order. 4. Crimes that are handled only after being complained in accordance with the Criminal Law have not been complained about or the complaint has been withdrawn. 5. The criminal suspect or defendant is deceased. 6) Other laws provide for exemption from criminal responsibility.
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