Does being exempted from criminal punishment count as a punishment?

Waiver of criminal penalty cannot be considered as sentencing. Exemption from criminal punishment means that the criminal suspect is guilty and will not be punished due to legal circumstances.

The difference between immunity from criminal punishment and acquittal

First, the legal basis of the two is different.

The basis for exemption from criminal punishment is Article 37 of the Criminal Law, and the basis for acquittal is Article 162 of the Criminal Procedure Law. One is substantive law and the other is procedural law.

Second, the applicable conditions for the two are different

From Article 37 of the Criminal Law, we can know that exemption from criminal punishment must meet two conditions: first, the crime is minor, and second, it is not necessary Sentencing. Only if two conditions are met at the same time can immunity from criminal punishment be applied.

Third, the legal consequences of the two are different

"Exemption from criminal punishment" means that the people's court determines that a certain act constitutes a crime, but decides to exempt it from punishment because the crime is minor. A punishment. It is a choice made by the people's court using the law on the premise that the defendant has committed a crime and under the general condition that "the crime is minor and no punishment will be imposed". If the law stipulates that punishment should be exempted, the punishment must be exempted.

In short, exemption from criminal punishment means guilt and still constitutes a criminal offense. Generally speaking, it means having a criminal record.

The legal consequence of acquittal is that when a suspect is detained, he should be released immediately. Not guilty, of course, does not need to bear criminal responsibility and is not subject to criminal punishment.