I. Determination of guilty verdict
Guilty judgment refers to the court's finding that the defendant has committed a criminal act according to the evidence and the law after hearing a criminal case, which constitutes a crime. This is the court's legal evaluation of the facts of the case and the defendant's behavior, which is mandatory and authoritative.
Two. Exemption from criminal punishment
Exemption from criminal punishment does not mean that the defendant did not commit a crime, but that although he was found guilty, the court decided not to punish him for specific reasons or circumstances. These reasons or circumstances may include:
1. The crime is minor and less harmful to society;
2. The defendant has surrendered himself, rendered meritorious service and other statutory circumstances to lighten or mitigate the punishment;
3. The defendant is a first-time offender and an occasional offender, who has a good attitude of pleading guilty and shows repentance;
4. The defendant's age, physical condition and other special circumstances should not be sentenced to punishment.
Third, the significance of exemption from criminal punishment
Exemption from criminal punishment embodies the humanitarianism of law and the principle of combining leniency with severity. It is helpful for the defendant to turn over a new leaf, reintegrate into society and reduce social contradictions. At the same time, it is also an education and warning to the defendant to remind him of his mistakes and avoid committing crimes again.
To sum up:
Guilty judgment and exemption from criminal punishment are a special way of judgment in criminal proceedings. It embodies the balance between law in maintaining social order and protecting human rights, which not only gives a negative evaluation of criminal behavior, but also takes into account the actual situation of the defendant and the possibility of reform. This kind of judgment is helpful to realize the unity of legal effect and social effect.
Legal basis:
Criminal law of the people's Republic of China
Article 37 provides that:
Those who do not need to be sentenced to criminal punishment for minor crimes may be exempted from criminal punishment, but according to the different circumstances of the case, they may be admonished or ordered to make a statement of repentance, apologize and compensate for losses, or be given administrative punishment or administrative sanction by the competent department.
Criminal Procedure Law of the People's Republic of China
Article 177 stipulates:
If the criminal suspect has no criminal facts, or is under any of the circumstances specified in Article 16 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, punishment or confiscation of 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.