1, the circumstances are obviously minor and the harm is not great, so it is not considered a crime.
2, the crime has passed the limitation period.
3. Freedom from punishment due to amnesty.
4, in accordance with the criminal law to deal with the crime, did not tell or withdraw to tell.
5. The criminal suspect or defendant dies.
6, other laws and regulations shall be exempted from criminal responsibility.
Two, the difference between drunk driving from criminal punishment and non prosecution is as follows:
1, they are different in nature.
Drunk driving is exempted from criminal punishment, which is aimed at those who have constituted a crime, but the circumstances of the crime are minor and need not be punished; The objects of non-prosecution include those who do not constitute a crime, have insufficient or doubtful evidence of the alleged crime, and have minor criminal circumstances, and do not need to be sentenced or exempted from punishment according to the provisions of the Criminal Law.
2. The authority to make judgments is different.
Drunk driving is exempted from criminal punishment by the court, and the decision not to prosecute is made by the procuratorate.
3. The time when they make judgments is different.
Exemption from criminal punishment applies to the trial stage of the case, and non-prosecution applies to the examination and prosecution stage.
4. The processes are different.
Drunk driving is exempted from criminal punishment because drunk driving meets the conditions of exemption from prosecution stipulated in the Criminal Procedure Law of People's Republic of China (PRC), and the people's procuratorate decided not to prosecute; Non-prosecution refers to the termination of litigation by the procuratorial organ after reviewing the criminal case, which considers that it does not have the conditions for prosecution or is not suitable for prosecution, and does not transfer the case to the court for trial.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 16 In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered 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.