免予起诉最早见于1956年4月25日全国人大常委会通过的《关于处理在押日本侵略战争犯罪分子的决定》之中，应该说，在当时的历史条件下，免诉制度是起过一定作用的。当时国家法制不健全，财力有困难，加之法院人员少，任务重，适用免诉有利于及时打击和分化瓦解日本战犯，且能与 Exemption from prosecution was first seen in the “Decision on Handling Criminals Holding Japan in Aggression War” held on 25 April 1956 by the Standing Committee of the National People’s Congress. It should be said that under the historical conditions of the time, the system of immunity from prosecution played a part of. At that time, the country’s legal system was not sound and its financial resources were difficult. In addition, the number of court personnel and the heavy tasks required to apply for the exemption from prosecutions would be conducive to the timely crackdown and disintegration of the Japanese war criminals in a timely manner.