The principle of not being investigated for criminal responsibility under legal circumstances established by the Criminal Procedure Law of People's Republic of China (PRC). Exemption from criminal punishment mainly includes the following situations:
1. If the circumstances are obviously minor and the harm is not great, it is not considered a crime.
2. The crime has passed the limitation of prosecution.
3. Freedom from punishment through pardon. According to the Constitution, the NPC Standing Committee has the right to decide on amnesty. Once a criminal is pardoned, he can't be held accountable.
4. Failing to tell or withdraw a crime that should be dealt with according to the criminal law.
5. The criminal suspect or defendant dies.
6. Other laws provide for exemption from criminal responsibility. According to the criminal law, criminal responsibility should be investigated, but if other effective laws stipulate that criminal responsibility is exempted, it shall not be investigated according to the principle that special law is superior to common law.
Legal basis: Article 37 of the Criminal Law of People's Republic of China (PRC) may be exempted from criminal punishment if the circumstances of the crime are minor and there is no need to impose criminal punishment. However, according to the different circumstances of the case, it may be reprimanded or ordered to make a statement of repentance, apologize and compensate for the losses, or it may be given administrative punishment or administrative sanction by the competent department.
Article 162 of the Criminal Procedure Law of People's Republic of China (PRC)? When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion, and transfer it to the people's procuratorate at the same level together with the case file and evidence, and inform the criminal suspect and his defense lawyer of the case transfer.
If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred with the case, and the relevant information shall be stated in the prosecution opinion.