Judicial Determination of Non-Penalization for Misdemeanor Cases

Abstract

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