1, different in nature: the object of exemption from criminal punishment is the person who has constituted a crime, but the circumstances of the crime are minor and need not be punished; The objects of non-prosecution include those who do not constitute a crime, have insufficient or doubtful evidence of the alleged crime, and have minor criminal circumstances, and do not need to be sentenced or exempted from punishment according to the provisions of the Criminal Law.
2. Different authorities: exemption from criminal punishment is made by the court, and the decision not to prosecute is made by the procuratorate.
Criminal law of the people's Republic of China
Article 37
Non-punitive measures may be exempted from criminal punishment if the circumstances of the crime are minor and do not need to be punished, but they may be admonished or ordered to make a statement of repentance, apologize and compensate for the losses according to the different circumstances of the case, or the competent department may impose administrative penalties or administrative sanctions.
Article 37- 1 prohibits employment. If a person is sentenced for committing a crime by taking advantage of his position or committing a crime that violates the specific obligations required by his occupation, the people's court may, according to the crime situation and the need to prevent the crime from happening again, prohibit him from engaging in related occupations from the date of completion of punishment or the date of parole for a period of three to five years.
If a person who is prohibited from engaging in related occupations violates the decision made by the people's court in accordance with the provisions of the preceding paragraph, the public security organ shall punish him according to law; If the circumstances are serious, he shall be convicted and punished in accordance with the provisions of Article 313 of this Law.
Where other laws and administrative regulations prohibit or restrict them from engaging in related occupations, such provisions shall prevail. ?