Judicial Determination of Non-Penalization for Misdemeanor Cases

This paper primarily examines the judicial determination of non-penalization for misdemeanor cases and conducts an empirical study based on analysis 85 relevant court judgments. The reveals that in practice, exhibits a certain degree flexibility diversity, as judges take into account both nature offense social context. Additionally, this finds that, regarding mitigating circumstances, threshold five years imprisonment is more appropriate than traditional three years. Furthermore, explores issue whether Article 37 Criminal Law can be applied independently. research also indicates when no other provisions exemption are applicable, tend to rely standalone basis judgment.