What does it mean to be exempt from criminal punishment and what does it mean to be exempt from crim

Exemption from criminal punishment means that criminal responsibility is not pursued due to the following circumstances: the circumstances are obviously minor and the harm is not great, and it is not considered a crime; the statute of limitations has expired; pardoned; Those who do not comply with the notification procedures for handling complaints; The criminal suspect or defendant is deceased; and other circumstances.

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circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or acquitted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 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after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;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.

Article 19 stipulates that a person who is deaf and dumb or blind may be punished, commuted or exempted from punishment if he commits a crime.

Paragraph 2 of Article 20 stipulates that a person who causes major harm in a legitimate defense that clearly exceeds the necessary limit shall bear criminal responsibility, but shall have his punishment commuted or waived.

Paragraph 2 of Article 21 stipulates that a person who causes undue harm beyond the necessary limit for emergency evacuation shall bear criminal responsibility, but shall be commuted or exempted from punishment.

Paragraph 2 of Article 22 stipulates that preparatory offenders may be given a mitigated punishment, commuted punishment, or waived punishment by reference to those who have already committed crimes.

Paragraph 2 of Article 24 stipulates that punishment shall be waived for those who have committed a suspended offense and no harm has been caused; where harm is caused, punishment shall be commuted.

Exemption from criminal punishment refers to a punishment in which the defendant's conduct constitutes a crime, but because the circumstances of the crime are minor, the sentence is exempted from criminal punishment.

Exemption from criminal punishment is a form of application by China's people's courts in making judgments and handling criminal cases.

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) 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.

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 does not need to accept criminal punishment. 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. 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. 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.

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 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. 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: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.

Exemption from criminal punishment is not a penalty. Exemption from criminal punishment means that a crime is committed for some reason and criminal punishment is required, but it is not necessary to accept criminal punishment because of voluntary surrender or other circumstances. Exemption from criminal punishment is therefore not a criminal law.

Legal basis. Article 61 of the Criminal Law.

When deciding on the punishment of criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

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 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 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.

Exemption from criminal punishment means that criminal responsibility is not pursued due to the following circumstances: the circumstances are obviously minor, the harm is not great, and it is not considered a crime; the statute of limitations has expired; pardoned; Those who do not comply with the notification procedures for handling complaints; The criminal suspect or defendant is deceased; and other circumstances.

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 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 for committing the crime of concealment;

3) Waiver of criminal punishment upon special knowledge of the suspicion of pardon;

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.

Immunity from criminal punishment is a crime committed for some reason that requires criminal punishment, but because of voluntary surrender or other statutory circumstances, it does not require criminal punishment. Article 37 of the Criminal Law stipulates that if the circumstances of the crime are minor and it is not necessary to impose a criminal penalty or punishment, criminal punishment may be waived, but according to the different circumstances of the case, the person may be reprimanded or ordered to make a statement of repentance, make a formal apology, or compensate for losses, or the competent department may impose an administrative punishment or administrative punishment.