Revoke the legal provisions of criminal cases

If the legal provisions of a criminal case are revoked, criminal responsibility shall not be investigated under any of the following circumstances. If criminal responsibility has been investigated, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated or acquitted:

1, the circumstances are obviously minor, the harm is not great, and it is not considered a crime;

2, the crime has passed the limitation period;

3. Exemption from punishment through 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. If a criminal suspect or defendant voluntarily and truthfully confesses his crime, admits the alleged criminal facts and is willing to accept punishment, he may be treated leniently according to law.

Legal basis: Article 238 of the Criminal Procedure Law of People's Republic of China (PRC).

If the people's court of second instance finds that the trial of the people's court of first instance violates one of the following legal procedures, it shall make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for retrial:

(a) in violation of the provisions of this law on public trial;

(2) Violating the challenge system;

(3) depriving or restricting the legal litigation rights of the parties, which may affect the fair trial;

(4) The composition of the judicial organization is illegal;

(five) other violations of the law, which may affect the fair trial.