Research On The Decriminalization Function Of Criminal Compliance

The activation trend of domestic criminal legislation has made the criminal legal risks faced by Chinese enterprises increasing day by day.The increase in corporate criminal law risks and the imperfect prevention and control mechanisms of corporate internal crimes are superimposed on each other,which greatly increases the probability of corporate criminal law risks evolving into risk events.It also poses new challenges to the country’s crime governance capabilities,and more seriously It has impacted the economic and social development in the post-epidemic era.The instinct of seeking advantages and avoiding disadvantages prompts companies and countries to actively seek ways to avoid criminal legal risks.Criminal compliance,as a mode of cooperation between the country and companies for crime governance,has become a possible choice for countries and companies.By concretizing and contextualizing external legal norms,enterprises have turned them into internal crime prevention mechanisms,and the state affirms that effective internal compliance programs within enterprises can be used in exchange for preferential treatment in the sense of criminal law.Since 2020,my country has started to implement criminal compliance pilot work in some areas of the basic-level prosecutors’ offices,and mainly promotes enterprises to establish effective criminal compliance through conditional non-prosecution.Criminal compliance has a built-in internal feature,which determines that the company must be externally motivated,otherwise the company lacks compliance motivation;the most effective incentive method is to affirm that effective criminal compliance has a non-criminal function.In our country,affirming that effective criminal compliance has a non-criminal function has a legal and legal basis.The criminal law’s affirmation of unit crimes creates space for the application of different unit crime liability principles.The theory of organizational responsibility has the possibility and advantages of application,and the theory of organizational responsibility is highly compatible with the decriminalization function of criminal compliance.The non-criminal function of criminal compliance is applicable to both enterprises and corporate executives.It sets the premise that both companies and corporate executives are responsible for unit crimes;this is consistent with the dual punishment system for unit crimes stipulated by my country’s Criminal Law.The concept of active general prevention of crime and the cooperative crime governance model provide theoretical support for the performance of the non-criminal function of criminal compliance beforehand and the performance of the non-criminal function of criminal compliance afterwards.In the future,in order to promote the extensive construction of criminal compliance,reduce the criminal law risk of enterprises,and improve the effectiveness of criminal governance,different enterprises should establish different standards for judging the effectiveness of criminal compliance for different enterprises according to different industries and business scales,and affirm criminal compliance beforehand.It has a non-criminal function;it encourages the establishment of criminal compliance of the enterprise from individual to general,and expands from the backward to the pre-event.