No punishment: it is the result of a criminal offence, but due to other legal circumstances, such as the actor is under 14 years old or 16 years old.
Is it the same thing to be exempt from criminal punishment and not to be criminally responsible? No, it's not.
Exemption from criminal punishment means that after the court hears the case, it thinks that he is legally exempted from punishment and only declares him guilty and exempted from punishment.
Non-criminal responsibility refers to a decision that can be made without a court trial in the process of investigation or prosecution, or a judgment of innocence that is proved innocent or the evidence is not enough to convict.
The former is guilty and the latter is not guilty.
Is being exempted from criminal punishment for minor crimes regarded as being investigated for criminal responsibility according to law? Lawyer's comment: China has the requirement of "quantity" which constitutes a crime. The minor circumstances indicate that it does not meet the standard of quantity and does not constitute a crime.
Whether the exemption of civil servants from criminal responsibility and criminal punishment will affect the criminal record of their children's fathers, and children who can't be soldiers can apply for civil servants, but it will have an impact on civil servants' political examination.
Exemption from criminal punishment means that a crime is committed for some reason and needs to be punished, but it is not punished because of surrender or other circumstances.
Chapter 2 of the Provisions on Political Review of Conscription: What are the political conditions for enlisting citizens for active service? Article 8 Citizens under any of the following circumstances shall not be enlisted for active service.
(9) The main family members, lineal relatives, members with major social relations or other relatives who have a great influence on me have been subjected to criminal punishment, expelled from the Party, expelled from public office or have serious illegal problems that have not yet been ascertained, and I have sheltered or retaliated;
(ten) the main family members have criminal acts that endanger national security or serious political problems, and I can't draw a clear line.
The political examination of national civil servants mainly emphasizes the candidates' ideological progress, excellent moral character, decent style, strong organizational discipline and strong legal concept. Generally, under any of the following circumstances, the political examination is unqualified: there are words and deeds that violate the four cardinal principles; Having bad behaviors such as hooliganism and theft, and having poor moral quality; Suspected crime has not been ascertained; Lineal blood relatives or collateral blood relatives who have a great influence on me engage in activities that endanger China's national security abroad, and I can't draw a clear line with them; A person who has a great influence on himself in the lineal or collateral blood relatives has been sentenced to death or is serving a sentence.
Is it the same meaning not to pursue his criminal responsibility and acquittal? They are not the same thing.
Not being investigated for criminal responsibility means that it has constituted a crime, but it can be exempted from criminal punishment according to law because the circumstances of the crime are particularly minor.
Innocent release means that after investigation, the parties concerned did not commit a crime or did not constitute a crime, so they were acquitted.
Are pickpockets criminally liable if they can't reach 300 yuan? Nowadays, people are pickpocketing and stealing, which can't meet the standard of the amount of theft. It is a public security case and can be fined for detention. The general theft amount is 2000 yuan, which is relatively large.
Is criminal detention a criminal punishment? Criminal detention is a compulsory measure, not a punishment measure. In other words, the purpose of criminal detention is to force the suspect to cooperate with the investigation and trial, but it is not the ultimate punishment. Therefore, if they are not convicted,
Not a criminal punishment.
Criminal punishment belongs to the category of administrative punishment, and criminal detention is to temporarily restrict the freedom of personnel in order to obtain evidence from the public security bureau. If the evidence is conclusive, the procuratorate will approve the arrest.
Is probation a criminal punishment? China's criminal law divides punishment into principal punishment and supplementary punishment;
1. Principal punishments include public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty.
2. Supplementary punishments include fines, deprivation of political rights and confiscation of property.
China's probation system is a system with certain conditions to suspend the execution of punishment or not to execute the original sentence. It refers to a system in which criminals sentenced to criminal detention and fixed-term imprisonment of not more than three years think that the original sentence will not be executed for the time being, and it will really not harm the society again, and the original sentence will be suspended for a certain trial period. During the trial, if certain conditions are observed, the original sentence will not be executed.
It can be seen that probation is not a specific punishment, not a punishment in itself, but a way of execution of punishment. The application of probation is to give criminals a chance to repent and turn over a new leaf on the premise of maintaining the effectiveness of the original sentence, which is the embodiment of the criminal policy of combining leniency with severity in the application of punishment.