1. A criminal suspect who commits a crime in a foreign country should bear criminal responsibility according to regulations, but has been criminally punished in a foreign country;
2. The suspect is deaf or blind;
3. The criminal suspect commits a crime because of excessive defense or emergency avoidance exceeding the necessary limit, without causing harm;
4. Prepare tools to create conditions for crime;
5. Automatic termination or automatic and effective prevention of criminal results in the process of crime;
6, in * * * with the crime, play a secondary or auxiliary role;
7. Being coerced into participating in a crime;
8. The criminal suspect has rendered meritorious service after surrendering or surrendering;
9, the crime is minor and surrender or serious and meritorious service.
The statutory non-prosecution is as follows:
1, the circumstances are obviously minor and the harm is not great, so it is not considered a crime. Protect innocent people from criminal investigation by drawing a clear line between crime and non-crime;
2, the crime has passed the limitation period. It clearly stipulates the limitation of prosecution, which should be observed and implemented in the process of filing a case;
3. Freedom from punishment due to amnesty. Pardon is part or all of the measures taken by the state to exempt certain crimes or specific criminals from punishment. A crime that has been pardoned should not be put on file for investigation;
4, was told to deal with the crime, did not inform or withdraw the notice. The case handled after notification belongs to the case of private criminal prosecution, and the victim has the autonomy to decide whether to pursue the criminal responsibility of the defendant according to law;
5. The criminal suspect or defendant dies. If the criminal suspect or defendant dies, the undertaker of criminal responsibility no longer exists, and it is meaningless to investigate the criminal responsibility of the deceased, so the case will not be filed;
6, other laws and regulations shall be exempted from criminal responsibility. If a mental patient cannot identify or control his own behavior, he shall not be criminally responsible for the harmful results.
To sum up, the applicable conditions of conditional non-prosecution are attached. A criminal suspect who commits a crime in a foreign country should bear criminal responsibility according to the regulations, but has been criminally punished in a foreign country.
Legal basis:
Article 177th of the Criminal Procedure Law of People's Republic of China (PRC)
If the criminal suspect has no criminal facts, or is under any of the circumstances specified in Article 16 of this Law, the people's procuratorate shall make a decision not to prosecute.
If the circumstances of the crime are minor and it is not necessary to sentence or exempt from punishment according to 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, the property sealed up, detained or frozen during the investigation shall be released at the same time. If the plaintiff who is sorry needs to be given administrative punishment, punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the results.