Strictly speaking, it does not belong to the category of sentencing. It is relative to discretionary punishment. For criminals, there is a strict difference between discretionary punishment and inapplicable punishment. Therefore, in the "sentencing" section of China's criminal law, there is no system of exemption from punishment.
Legal basis:
Article 37 of the Criminal Law of People's Republic of China (PRC) is a non-penalty measure, and if the circumstances of the crime are minor and it is unnecessary to impose a penalty, criminal punishment may be exempted. However, according to the different circumstances of the case, it may be reprimanded or ordered to make a statement of repentance, apologize and compensate for the losses, or it may be given administrative punishment or administrative sanction by the competent department.
Exemption from criminal punishment mainly includes the following situations:
1. If the circumstances are obviously minor and the harm is not great, it is not considered a crime. According to the criminal law, it does not constitute a crime. This is the boundary between crime and non-crime. Of course, those who do not constitute a crime cannot be investigated for criminal responsibility.
2. The crime has passed the limitation of prosecution. China's "Criminal Law" stipulates the time limit for prosecution of criminal offences, and the statutory maximum penalty is fixed-term imprisonment of not more than five years, after five years; The maximum legal penalty is fixed-term imprisonment of more than 5 years 10 years, 10 years later; The maximum legal penalty is fixed-term imprisonment 10 years or more, after 15 years; If the maximum legal punishment is life imprisonment or death penalty, after 20 years; Wait a minute. The limitation of prosecution is legally binding. Those who exceed the limitation of prosecution shall not be investigated for criminal responsibility.
A person who files a case with a people's procuratorate, a public security organ or a state security organ for investigation, or a people's court evades investigation or trial after accepting a case, is not limited by the time limit for prosecution.
3. Freedom from punishment through pardon. According to the Constitution, the NPC Standing Committee has the right to decide on amnesty. Once a criminal is pardoned, he can't be held accountable.
4. Failing to tell or withdraw a crime that should be dealt with according to the criminal law. China's "Criminal Law" stipulates that four types of cases should be handled only after being informed: cases of insult and slander as stipulated in Article 246 (except those that seriously endanger social order and national interests); Violence interferes with the freedom of marriage as stipulated in Article 257 1; Abuse cases stipulated in Article 260 1 and corruption cases stipulated in Article 270. The investigation of these crimes is based on the accounts of the victims. If no legal person tells them, or tells them later, they will not be investigated for criminal responsibility.
5. The criminal suspect or defendant dies. China's criminal law implements the principle of being responsible for one's own guilt and opposing implicating others. In addition, there is no trial in absentia in criminal proceedings. If a criminal suspect or defendant dies, it is meaningless to investigate criminal responsibility and it will not be investigated.
6. Other laws provide for exemption from criminal responsibility. According to the criminal law, criminal responsibility should be investigated, but if other effective laws stipulate that criminal responsibility is exempted, it shall not be investigated according to the principle that special law is superior to common law.