Exemption from criminal punishment and prosecution is a decision made by the public prosecution agency to exempt the defendant from prosecution on the premise that the defendant has constituted a crime because of the minor crime. If a criminal suspect is exempted from prosecution and is not investigated for criminal responsibility, he shall not be investigated for criminal responsibility. Procedure for deciding not to prosecute Article 288 of the Criminal Procedure Law of the People's Procuratorate stipulates that the people's procuratorate shall make a decision not to prosecute a case that meets one of the circumstances stipulated in Article 15 of the Criminal Procedure Law upon the decision of the procurator-general. This is a statutory non-prosecution rule. At the same time, Article 289 of the Criminal Procedure Rules of the People's Procuratorate stipulates the discretionary non-prosecution procedure: if the crime is minor and it is not necessary to be sentenced or exempted from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute after discussion and decision by the procuratorial Committee. This shows that for cases that meet one of the circumstances stipulated in Article 15 of the Criminal Procedure Law and cases that are in doubt and not prosecuted, the examination and prosecution department will submit the case review opinions to the procurator-general for decision, and for cases that are discretionary not to prosecute, the examination and prosecution department will submit the case review opinions to the procuratorial Committee for decision. After making a decision not to prosecute, the people's procuratorate shall make a decision not to prosecute, which mainly includes: (1) the basic information of the defendant, including his name, date of birth, native place, nationality, culture, occupation, address, ID number, whether he has been subjected to criminal punishment, date of detention and arrest, and place of detention; (2) The cause of action and the source of the case; (3) The facts of the case, including the fact that denial or accusation of non-prosecution constitutes a crime and the facts on which the decision of non-prosecution is based; (four) the basis and reasons for not prosecuting, and explain the applicable legal provisions of the decision not to prosecute; (5) Relevant notices; At the end of the decision not to prosecute, the position and name of the competent prosecutor and the date of making the decision shall be stated, and the official seal of the procuratorate shall be affixed. In cases where the people's procuratorate decides not to prosecute, it may, according to the different circumstances of the case, admonish the plaintiff or order him to make a statement of repentance, apologize and compensate for the losses. If the non-prosecution person needs to be given administrative punishment, administrative punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant authorities together with the decision not to prosecute. After the people's procuratorate decides not to prosecute a case directly put on file for investigation, the examination and prosecution department shall submit a copy of the indictment and the case review report to the people's procuratorate at the next higher level for the record. The decision not to prosecute shall be publicly announced by the people's procuratorate, and the activities of publicly announcing the decision not to prosecute shall be recorded in the record. The decision not to prosecute shall be served on the person who is not prosecuted and the unit where the person is not prosecuted. If the defendant's personal freedom is restricted, he shall be released immediately. If there is a victim, the decision not to prosecute shall also be served on the victim or his near relatives and his agent ad litem. When delivered, the victim or his near relatives and his agent ad litem shall be informed. If you are not satisfied, you can appeal to the people's procuratorate at the next higher level within seven days after receiving the decision not to prosecute, or you can bring a lawsuit directly to the people's court without appealing. Inform the non-prosecutor that according to the second paragraph of Article 142 of the Criminal Procedure Law, if he regrets and refuses to accept the complaint, he can appeal to the people's procuratorate within 7 days after receiving the decision not to prosecute. If the people's procuratorate decides not to prosecute the case transferred by the public security organ, it shall serve the notice of non-prosecution on the public security organ. If the public security organ considers that the decision not to prosecute is wrong and requests reconsideration, the people's procuratorate shall make reconsideration within 30 days after receiving the reconsideration request, and notify the public security organ. If the public security organ still refuses to accept the reconsideration, it may apply to the people's procuratorate at the next higher level for review. The people's procuratorate at the next higher level shall make a decision within 30 days after receiving the review opinion, and make a review decision and send it to the public security organ and the people's procuratorate at the next lower level for review. If the decision of the people's procuratorate at a lower level is changed after examination, the decision of the people's procuratorate at a lower level shall be revoked and handed over to the people's procuratorate at a lower level for execution. If the victim refuses to accept the decision made by the people's procuratorate not to prosecute, he may lodge a complaint with the people's procuratorate at the next higher level of the people's procuratorate that made the decision not to prosecute within 7 days after receiving the decision, and the people's procuratorate at the next higher level shall file a case for examination. If the victim makes a complaint to the people's procuratorate that made the decision not to prosecute, the people's procuratorate that made the decision shall transfer the complaint materials together with the case file to the people's procuratorate at the next higher level for acceptance. If the victim files a complaint within the statutory time limit, it shall be accepted by the appeal department of the people's procuratorate that made the decision not to prosecute and decide whether to file a case for review. The people's procuratorate shall make a review decision within 3 months, and if the case is complicated, it shall not exceed 6 months at most, and the review decision shall be submitted to the chief procurator for decision. If a non-prosecutor refuses to accept the decision of the people's procuratorate on non-prosecution made in accordance with the second paragraph of Article 142 of the Criminal Procedure Law, and lodge a complaint within 7 days after receiving the decision, the people's procuratorate that made the decision shall file a case for review. If the person who is not prosecuted files a complaint within the statutory time limit, the complaint department shall decide whether to file a case for review, and the people's procuratorate shall put forward its review opinions after review by the complaint department. If it is considered that the decision not to prosecute should be maintained, it shall be reported to the procurator-general for review; If it is considered that the decision not to prosecute should be revoked and a public prosecution should be initiated, it should be reported to the chief procurator and submitted to the procuratorial Committee for discussion and decision. The written decision on reexamination shall be served on the victim and the non-prosecutor. If the decision not to prosecute is revoked or the factual or legal basis for not to prosecute is changed, it shall be copied to the public security organ and the relevant departments of our hospital at the same time. After the people's procuratorate has made a reexamination decision to revoke the decision not to prosecute, it shall transfer the case to the examination and prosecution department for prosecution. Exemption from prosecution is a decision made by the public prosecution agency to exempt the defendant from prosecution on the premise that the defendant has constituted a crime because the circumstances of the crime are minor. If a criminal suspect is exempted from prosecution and is not investigated for criminal responsibility, he shall not be investigated for criminal responsibility. 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Article 16 of the Criminal Procedure Law of People's Republic of China (PRC) shall not be investigated for criminal responsibility under any of the following circumstances. If the investigation has been concluded, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated, or the case shall be declared innocent: (1) If the circumstances are obviously minor and the harm is not great, it shall not be considered as a crime; (two) the crime has passed the limitation period; (3) Being exempted from punishment by an amnesty order; (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law; (5) The criminal suspect or defendant dies; (six) other laws and regulations shall be exempted from criminal responsibility.