The Application Relationship between Procedural Exculpation and Exemption from Punishment
In the context of misdemeanor management,there is significant room for growth in the application rate of various lenient punishment measures.The applicable standards for dis-cretionary non-prosecution and exemption from punishment are the same,and their relationship needs to be clarified.On a practical level,cases with minor criminal circumstances that do not re-quire punishment can be granted procedural exculpation through a pre-trial procedure,but will be found guilty on the trial stage.This institutional arrangement is worth reflecting on.On a con-tingent level,procedural exculpation and exemption from punishment are both products of crimi-nal policy,with the value of moderation of punishment as the goal,but the former has a wider scope of application and a more superior systemic benefit,so it should be established as a priority for application.At present,the discretionary power of discretionary non-prosecution should be fully activated within reasonable limits.For cases that have been prosecuted but can be exempted from punishment through discretion,the court should be granted the right to withdraw the pros-ecution proposal and terminate the trial discretion.In the future,when the construction and oper-ation of the mechanism of procedural exculpation become mature,the space for the application of the exemption from punishment will tend to be eliminated.
Procedural ExculpationExemption from PunishmentDiscretionary Non-pros-ecutionTermination of TrialWithdraw the Prosecution
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