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Must I be sentenced when I am in criminal detention

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Must I be sentenced when I am in criminal detention


        

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  • 2024-06-17 13:01:39

    Criminal detention does not necessarily result in a sentence. Criminal detention is a compulsory measure of criminal investigation. During or after the investigation, if the investigation organ believes that the criminal suspect does not constitute a crime or does not investigate criminal responsibility, it may decide to cancel the case; After being transferred to the public prosecution organ for examination and prosecution, the public prosecution organ may make a decision not to prosecute if it considers that the crime does not constitute a crime or does not investigate criminal responsibility; If a suit is brought to a people's court and, after trial, the court considers that it does not constitute a crime or does not investigate criminal responsibility, it may declare innocent or be exempted from investigating criminal responsibility.

    Under any of the following circumstances, criminal responsibility shall not be investigated; if the case has already been investigated, the case shall be dismissed, or no prosecution shall be initiated, or the trial shall be terminated, or innocence shall be declared:

    (1) If the circumstances are obviously minor and the harm is not serious, it is not considered a crime;

    (2) The limitation period for prosecution has expired;

    (3) Exempted from punishment by a special amnesty order;

    (4) A crime that is dealt with only after being told in accordance with the Criminal Law has not been told or has been withdrawn;

    (5) The criminal suspect or defendant dies;

    (6) Other laws provide for exemption from investigation of criminal responsibility.

    Legal basis

    Article 16 of the Criminal Procedure Law of the People's Republic of China shall not be investigated for criminal responsibility under any of the following circumstances, and if the case has already been investigated, the case shall be dismissed, or not prosecuted, or the trial shall be terminated, or acquitted:
    (1) If the circumstances are obviously minor and the harm is not serious, it is not considered a crime;
    (2) The limitation period for prosecution has expired;
    (3) Exempted from punishment by a special amnesty order;
    (4) A crime that is dealt with only after being told in accordance with the Criminal Law has not been told or has been withdrawn;
    (5) The criminal suspect or defendant dies;
    (6) Other laws provide for exemption from investigation of criminal responsibility.

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