What is the provision of Article 15 of the Criminal Procedure Law?
The criminal procedure law is a law that regulates the public security departments to exercise their legitimate rights, adjudicate cases fairly and strictly enforce the law. Article 15 of the Criminal Procedure Law stipulates that if the circumstances are minor and the time limit has expired, the defendant shall be exempted from criminal punishment. The court terminated the trial and declared him innocent. If the case has been put on file for investigation, it will not be put on file, or there is no need to prosecute. Be pardoned from punishment. Let's look at the relevant provisions of the Criminal Procedure Law. Article 15 In any of the following circumstances, criminal responsibility shall not be investigated. If criminal responsibility has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated or acquitted: (1) If the circumstances are obviously minor and the harm is not great, it shall not be considered as a crime; (two) the crime has passed the limitation period; (3) Being exempted from punishment by an amnesty order; (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law; (5) The criminal suspect or defendant dies; (six) other laws and regulations shall be exempted from criminal responsibility. Interpretation: First, those who meet the above conditions should not be investigated for criminal responsibility. Second, if the judicial organ has filed a case, the public security organ shall cancel the case and the procuratorial organ shall not prosecute. Reject the application for prosecution. The court shall terminate the trial or acquit. According to the situation, different ways should be taken, such as the death of the suspect, and the trial should be terminated. Those who are exempted from punishment because of pardon shall be treated as innocent or not prosecuted. Article 80 The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances: (2) The victim or a witness on the spot identifies him as a criminal; (3) criminal evidence is found around him or at his residence; (four) attempted suicide, escape or escape after committing a crime; (5) It is possible to destroy or forge evidence or collude with others; (six) do not speak the real name and address, the identity is unknown; (7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association. Chapter VII Incidental Civil Lawsuits Article 99 If the victim suffers material losses due to the criminal acts of the defendant, he has the right to bring an incidental civil lawsuit in the course of criminal proceedings. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action. If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution. Article 100 When necessary, the people's court may take preservation measures to seal up, detain or freeze the defendant's property. The plaintiff or the people's procuratorate in an incidental civil action may apply to the people's court for preservation measures. The people's court shall adopt preservation measures and apply the relevant provisions of the Civil Procedure Law. Article 101 The people's court may conduct mediation in the trial of incidental civil litigation cases, or make a judgment or ruling according to the material losses. Article 102 An incidental civil action shall be tried together with a criminal case. Only in order to prevent excessive delay in the trial of criminal cases can the same trial organization continue to hear incidental civil actions after the trial of criminal cases is completed. If the circumstances are minor, the litigation period expires or the defendant dies, he shall be exempted from criminal punishment, and the prosecution may be dismissed after filing the case. The plaintiff in an incidental civil action may apply to the people's court for preservation measures to be tried together with the criminal case. The criminal trial team will continue to hear incidental civil actions. Please contact a lawyer to answer any other questions. Article 65 of the Criminal Procedure Law stipulates that witnesses should be subsidized for transportation, accommodation, meals and other expenses incurred in fulfilling their obligation to testify. The subsidy for witness testimony is included in the operating funds of judicial organs and guaranteed by the government finance at the same level. If a witness from the work unit testifies, the work unit shall not deduct his salary, bonus and other welfare benefits in disguise.