What does it mean to be exempt from criminal punishment for a guilty person

1. What does it mean to be exempt from criminal punishment for a guilty person.

1. 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 judgment is exempted from criminal punishment. This is commonly referred to as conviction and exoneration. Exemption from criminal punishment is a form of application by China's people's courts in making judgments and handling criminal cases.

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circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or acquitted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after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;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

2. Is there a criminal record for exemption from criminal punishment?

There will also be relevant records for exemption from criminal punishment, and at the same time, the public security organs will keep it as information internally, and there is a case record. Exemption from criminal punishment does not mean that there is no crime, but only because the circumstances of the crime are minor or other circumstances. It is different from acquittal.

So, there will be a criminal record. Exemption from criminal punishment mainly includes the following circumstances:

1. 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, there is no need to accept criminal punishment.

2. For example, certain politicians have immunity, etc. According to the laws of our country, those under the age of 14 do not need to bear any criminal responsibility. This is not a loophole in the law, but an explicit provision of the law.

3. Minors under the age of 14;

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

5. The statute of limitations for prosecution has already expired.

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.

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 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.

Immunity from criminal punishment for guilt is a crime that constitutes a crime but the circumstances of the crime are minor and criminal punishment may be waived. 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 conduct, and no criminal punishment is imposed on the offender, but a non-criminal punishment is given to the offender;

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.

Criminal Procedure Law of the People's Republic of China

Article 177.

Where the criminal suspect has no facts of the crime, or has any of the circumstances provided for in article 16 of this Law, the people's procuratorate shall make a decision not to prosecute.

Where the circumstances of the crime are minor and it is not necessary to give a criminal punishment or waive a criminal punishment in accordance with the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.

In cases where the people's procuratorate decides not to prosecute, it shall at the same time release the sealing, seizure, or freezing of assets that were sealed, seized, or frozen during the investigation. Where it is necessary to give administrative punishment or sanction to the person not being prosecuted, or to confiscate their unlawful gains, the people's procuratorate shall submit a procuratorial opinion and transfer it to the relevant competent organ for handling. The relevant competent organs shall promptly notify the people's procuratorate of the outcome of the disposition.

Legal Analysis: Whether the criminal punishment is guilty or not guilty Since the court verdict constitutes a crime, it is not a guilty verdict, but a guilty verdict; Immunity from criminal punishment means that a crime is committed for some reason and requires criminal punishment, but because of voluntary surrender or other circumstances, it does not require criminal punishment.

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 may be given or the Gu Pei Department may be ordered to make repentance, make a formal apology, or compensate for losses, or the competent department may give an administrative escort punishment or administrative sanction.

Immunity from criminal punishment means that a crime is committed for some reason and requires criminal punishment, but because of voluntary surrender or other circumstances, it does not require criminal punishment.

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: the circumstances are obviously minor, the harm is not great, and it is not considered a crime; The statute of limitations for prosecution has already expired; Those who have been exempted from punishment by a special amnesty order; Crimes that are handled only after a complaint is made in accordance with the Criminal Law, and there is no complaint or withdrawal of the complaint; The criminal suspect or defendant is deceased; Other laws provide for exemption from criminal responsibility.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.