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《刑事诉讼法》第十五条是关于不予追究刑事责任的规定。其中的六种情形是不予追究刑事责任的情形,但这些却不都是刑诉法依照法定情形不予追究刑事责任原则的内容。仅从法律条文的层面对刑诉法基本原则进行分析,不但没有搞清刑诉法基本原则的内涵,而且混淆了不予追究刑事责任作为刑事诉讼法基本原则的法定情形与刑法上不予承担刑事责任的情形的本质差异。因此明确界分二者具有极其重要的实践意义和理论意义。
Article 15 of the “Code of Criminal Procedure” deals with the non-prosecution of criminal responsibility. Six of these cases are not to be investigated for criminal responsibility, but these are not all aspects of the principle that criminal procedure should not be held criminally liable in accordance with the statutory circumstances. Only by analyzing the basic principles of the Criminal Procedure Law from the perspective of the legal provisions, it not only does not clarify the connotation of the basic principles of the Criminal Procedure Law, but also confuses the legal cases that criminal responsibility is not investigated as the basic principle of the Criminal Procedure Law and the Criminal Law Essential differences in the circumstances of criminal responsibility. Therefore, a clear distinction between the two has extremely important practical and theoretical significance.