Public officials who are exempted from criminal punishment but violate the law will have an impact on public office, but whether they will be removed from office depends on the specific circumstances. In other words, the exemption from criminal punishment depends on the situation. Although the circumstances of the crime are minor, criminal responsibility may not be investigated, but those who have a greater negative impact may lose their public office.
The main differences between exemption from criminal punishment and exemption from prosecution are:
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 to be exempted from prosecution include those who do not constitute a crime, have insufficient or doubtful evidence of the alleged crime, and the circumstances of the crime are minor and do not need to be sentenced or exempted from punishment according to the provisions of the Criminal Law.
2. The decision-making organs are different: the decision to exempt from criminal punishment is made by the court, and the decision to exempt from prosecution is made by the procuratorate.
The main differences between exemption from criminal punishment and exemption from prosecution are:
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 to be exempted from prosecution include those who do not constitute a crime, have insufficient or doubtful evidence of the alleged crime, and the circumstances of the crime are minor and do not need to be sentenced or exempted from punishment according to the provisions of the Criminal Law.
2. The decision-making organs are different: the decision to exempt from criminal punishment is made by the court, and the decision to exempt from prosecution is made by the procuratorate.
To sum up, public officials who are exempt from criminal punishment may be subject to administrative sanctions, and if they have a greater negative impact, they may be expelled from public office. Those who are exempted from criminal punishment may be reprimanded or ordered to make a statement of repentance, apologize and compensate for losses according to the different circumstances of the case, or be given administrative punishment or administrative sanction by the competent department.
Legal basis:
Article 27 of the Regulations on the Punishment of Civil Servants of Administrative Organs
Those who engage in or participate in profit-making activities and work part-time in enterprises or other profit-making organizations shall be given demerits or gross demerits; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, they shall be dismissed.