Criminal law of the people's Republic of China
Article 37? Non-punitive measures may be exempted from criminal punishment if the circumstances of the crime are minor and do not need to be punished, but they may be admonished or ordered to make a statement of repentance, apologize and compensate for the losses according to the different circumstances of the case, or the competent department may impose administrative penalties or administrative sanctions.
Article 37? One? The Law on Prohibition of Employment stipulates that if a person is sentenced for committing a crime by taking advantage of his position or committing a crime that violates the specific obligations required by his occupation, the people's court may, according to the situation of the crime and the need to prevent the crime from happening again, prohibit him from engaging in related occupations from the date of completion of the punishment or the date of parole for a period of three to five years.
If a person who is prohibited from engaging in related occupations violates the decision made by the people's court in accordance with the provisions of the preceding paragraph, the public security organ shall punish him according to law; If the circumstances are serious, he shall be convicted and punished in accordance with the provisions of Article 313 of this Law.
Where other laws and administrative regulations prohibit or restrict them from engaging in related occupations, such provisions shall prevail.
Circumstances in which the procuratorate decides not to prosecute:
Discretionary non-prosecution, must be a minor crime, in accordance with the provisions of the criminal law does not need to be sentenced to punishment or exempted from punishment, mainly as follows:
1. A criminal suspect who commits a crime outside the territory of People's Republic of China (PRC) should bear criminal responsibility according to the provisions of China's criminal law, but has been criminally punished in a foreign country;
2. The suspect is deaf or blind;
3. The criminal suspect commits a crime because of excessive defense or emergency avoidance exceeding the necessary limit, without causing harm;
4. Prepare tools to create conditions for crime;
5. Automatic termination or automatic and effective prevention of criminal results in the process of crime;
6, in * * * with the crime, play a secondary or auxiliary role;
7. Being coerced into participating in a crime;
8. The criminal suspect has rendered meritorious service after surrendering or surrendering;
9, the crime is minor and surrender or serious and meritorious service.
According to the criminal law, the procuratorate exempts the criminal suspect from prosecution, which means that he will not be investigated for criminal responsibility. If criminal responsibility is not investigated, the suspect may be given measures such as public security management punishment and administrative punishment according to the different circumstances of the case.
Legal basis:
Article 173 of the Criminal Procedure Law of People's Republic of China (PRC) If the criminal suspect has no criminal facts or has one of the circumstances stipulated in Article 15 of this Law, the people's procuratorate shall make a decision not to prosecute. If the circumstances of the crime are minor and it is not necessary to sentence or exempt from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute. In cases where the people's procuratorate decides not to prosecute, the property sealed up, detained or frozen during the investigation shall be released at the same time. If the plaintiff who is sorry needs to be given administrative punishment, administrative punishment or confiscation of his illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the results.