Criminal circumstances include conviction circumstances and sentencing circumstances. Whether the crime is minor or not should be combined with the conviction circumstances and sentencing circumstances. Sentencing circumstances play a regulating role in the severity of the crime.
If the circumstances are obviously minor and the harm is not great, it will not be considered a crime and criminal responsibility will not be pursued. If the case has been investigated, the case should be dismissed, or no prosecution should be carried out, or the trial should be terminated, or the case should be acquitted.
According to my country's "Criminal Procedure Law"
Article 16
If there is any of the following circumstances, criminal liability will not be pursued; if it has been pursued, it should be revoked The case is either not prosecuted, the trial is terminated, or the case is acquitted:
(1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;
(2) Crime The statute of limitations for prosecution has expired;
(3) Those who have been exempted from punishment by a pardon order;
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(4) According to the provisions of the criminal law, the case can only be handled with a complaint. The crime was committed and no complaint was made or the complaint was withdrawn;
(5) The criminal suspect or defendant died;
(6) The person is exempted from criminal liability under other legal provisions.
According to my country's "Criminal Law"
The concept of crime in Article 13
Anything that endangers national sovereignty, territorial integrity and security, splits the country, and subverts the people's democratic dictatorship to overthrow the socialist system, undermine social order and economic order, infringe upon state-owned property or property collectively owned by the working people, infringe on citizens' private property, infringe on citizens' personal rights, democratic rights and other rights, and other harm Social behavior that should be punished according to the law is a crime; if the circumstances are obvious and minor and the harm is not great, it is not considered a crime.
Article 61 General Principles of Sentencing
When deciding the penalty for a criminal, it shall be based on the facts of the crime, the nature and circumstances of the crime and the degree of harm to society. shall be sentenced in accordance with the relevant provisions of this Law.
Extension:
In August 2018, Wang was sentenced to seven months in prison, suspended for one year, by the Shengzhou City Court for committing the crime of gathering a crowd to fight. In October of that year, during the probation period, Wang repeatedly used verbal threats to demand money from others, demanding more than 300 yuan seven times. He was investigated by the public security organ for suspicion of picking quarrels and provoking trouble.
After reviewing all the case materials, the person in charge of the Shengzhou City Procuratorate believed that although Wang asked for money from the victim, he did so through QQ and WeChat and did not directly threaten the victim in an urgent manner. There were no other serious consequences.
According to Article 4 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Picking Quarrels and Provoking Trouble", the circumstances of this case are not serious and it is only a minor act of picking quarrels and provoking trouble. Considering that Wang is a minor, he truthfully explained the facts of the crime after the incident, and obtained the forgiveness of the victim and his mother, it can be determined that the circumstances are minor and does not constitute a crime.
Reference material: People's Daily Online - Why the probation period does not constitute a crime