Is it necessary to be punished by public security for exemption from prosecution?

When examining the materials of a public prosecution case, the procuratorate can make a decision not to prosecute under certain circumstances, that is, not to pursue the criminal responsibility of the criminal suspect. Then, after the suspect is exempted from prosecution, should he be punished by public security? I'll sort out the relevant knowledge, hoping to help everyone.

First, do you need to be punished by public security to avoid prosecution?

Whether a criminal suspect should be investigated for criminal responsibility after being exempted from prosecution depends on the specific case, and if the case requires it, he can be given administrative penalties for public security.

Criminal law of the people's Republic of China

Article 37 If the circumstances of the crime are minor and it is unnecessary to be sentenced to punishment, 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.

Article 37- 1 prohibits employment. 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 crime situation and the need to prevent the crime from happening again, prohibit him from engaging in related occupations from the date of completion of 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.

Two, the procuratorate discretion 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.