免于刑事处罚的规定见诸于刑法第37条以及相关司法解释。作为原则性规定,37条本身对非刑罚处罚方法的具体运用语焉不详,导致目前司法实践中对37条的运用较少、且存在程序不规范等问题。应从程序上加强规范、观念上加强引导,以解决上述问题。 The exemption from criminal penalties is found in article 37 of the Criminal Code and related judicial interpretations. As a principle, the specific application of the 37 methods of non-penalty punishment itself is not clear enough, which leads to the fact that there are few applications of 37 in current judicial practice and there are some problems such as non-standard procedures. Should strengthen the norms from the program, the concept of strengthening guidance to solve the above problems.