Research On Criminal Compliance Prosecution Recommendation

In order to prevent corporate crimes and strengthen the judicial protection of enterprises and stakeholders,my country’s procuratorial organs promote social governance work,issue procuratorial recommendations to those enterprises with internal management loopholes,and guide them to complete compliance rectification.At the same time,the procuratorial authority will offer lenient punishment or no punishment as an incentive to the companies involved in the case that effectively fulfill the criminal compliance procuratorial recommendations and complete compliance rectification.For this kind of procuratorial advice that promotes the establishment or improvement of the compliance program of the company involved,this article calls it "criminal compliance procuratorial advice".The criminal compliance procuratorial suggestion not only helps procuratorial organs to safeguard social and public interests,actively implement the criminal governance policies of private enterprises,but also plays a role in legal supervision of procuratorial organs,and fully conforms to the current laws and regulations of our country.Criminal compliance inspection suggestions are currently widely used in compliance reform practice.The article collects 80 criminal compliance inspection suggestions through Internet channels,which are divided into three practice styles according to different operation modes,namely specific prosecutorial suggestions and generalized ones.Procuratorial suggestions,pre-procuratorial suggestions and post-procuratorial suggestions,hearing-based procuratorial suggestions,and return-visit-based procuratorial suggestions.Due to the relatively short period of time when criminal compliance procuratorial suggestions were produced and the relevant legislation and supporting mechanisms have not yet been perfected,there are some problems that need to be solved urgently in practical operation,such as general procuratorial recommendations are often of low quality,post-procuremental procuratorial suggestions have insufficient incentive mechanisms,and procuratorial suggestions Recommendations were not effective in the implementation process,etc.In view of the above problems,on the basis of drawing lessons from foreign compliance experience,this article proposes three aspects: optimizing the quality of criminal compliance inspection suggestions,strengthening the incentive mechanism for criminal compliance inspection suggestions,and improving the implementation effect of criminal compliance inspection suggestions.Perfect suggestion.