Guilty immunity means that designated crimes are exempt from criminal punishment. Although the crime is committed, because the circumstances are relatively minor and the social harm is relatively small, no penalty may be imposed. Therefore, being exempted from criminal punishment is also a crime, and there will still be a criminal record, that is, there will be a criminal record. Conviction and exemption from punishment will also have a certain impact on political trials.
The specific contents of conviction and exemption from punishment:
1. Justifiable defense: In order to protect the country, the public, the person, property and other rights of oneself or others from ongoing If an act is taken to stop the illegal infringement due to illegal infringement and causes damage to the illegal infringer, it shall be deemed as legitimate defense and shall not bear criminal liability. Anyone whose legitimate defense obviously exceeds the necessary limit and causes serious damage shall bear criminal responsibility, but the punishment shall be reduced or exempted.
2. Crime preparation: In order to commit a crime, preparing tools and creating conditions are preparations for a crime.
For preliminary offenders, they may be given lighter punishments, reduced penalties or exempted from punishment compared with completed offenders.
3. Surrender: Those who voluntarily surrender after committing a crime and truthfully confess their crimes are surrendering. Criminals who surrender may be given lighter or reduced penalties. Among them, those who commit relatively minor crimes may be exempted from punishment.
4. Bribery of non-state personnel; bribery of foreign public officials and international public officials: in order to obtain illegitimate benefits, giving property, an amount of relatively large amount, to staff of a company, enterprise or other unit If the amount is huge, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.
5. In order to seek unfair commercial interests, inflict sanctions on foreign public officials or international public officials, and shall be punished in accordance with the provisions of the preceding paragraph.
6. If a unit commits any illegal act in the preceding two paragraphs, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph. /7. If a briber voluntarily confesses his bribery behavior before being prosecuted, the punishment may be reduced or exempted.
To sum up: Conviction is exempt from criminal punishment. Although a criminal act has been committed, because the circumstances are relatively minor and the social harm is relatively small, no criminal punishment is required. Therefore, even if you are exempt from criminal punishment, it is still a crime, and you will still have a criminal record, that is, you will have a criminal record. Conviction and exemption from criminal punishment will also have a certain impact on the political review.
Legal basis:
Article 15 of the "Criminal Procedure Law of the People's Republic of China"
Leniency system for guilty pleas and punishments. Criminal suspects and defendants who voluntarily and truthfully confess their crimes, confess the alleged criminal facts, and are willing to accept punishment may be given leniency in accordance with the law.
Article 16
In any of the following circumstances, criminal liability shall not be pursued in accordance with the law; if the case has been investigated, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated, or the case shall be declared innocent. Crime:
(1) The circumstances are obviously minor and the harm is not great, so it is not considered a crime;
(2) The statute of limitations for prosecution has exceeded;
( 3) Those who have been exempted from punishment by an amnesty order;
(4) For crimes that can only be dealt with upon complaint according to the criminal law, no complaint has been made or the complaint has been withdrawn;
(5) Criminal suspects , the defendant dies;
(6) The law otherwise stipulates that the person shall be exempted from criminal liability.