《刑法》第三十七条规定的“免除刑罚”是一种有罪宣告,作为一种非刑罚处罚制度,其在发挥功效的同时,在适用中也存在一些亟需澄清的问题,如行为人不具有法定的免于刑事处罚的事由,法院直接适用该条款对行为人免于刑事处罚的情况,不仅在司法实践中存在不同认识,而且在刑法理论界也存在较大分歧。本文尝试从笔者亲自承办的两次信用卡诈骗定罪免刑的案件,来试论刑法三十七条适用的条件及程序规制。 The “exemption from punishment” stipulated in Article 37 of the Criminal Law is a kind of declaration of guilt. As a non-penalty punishment system, it has some functions that need to be clarified. For example, The perpetrator does not have the statutory exemption from criminal penalties. The court directly exempts the perpetrators from criminal penalties. There are not only different understandings in judicial practice, but also big differences in the criminal law theorists. This article attempts to convict and exempt the criminal case from the two credit card fraud personally undertaken by the author to try to discuss the applicable conditions and procedural rules of the 37 criminal laws.