A Study On The Compliance Conditional Non Prosecution System Of Enterprises Involved In Cases

In order to effectively punish and prevent corporate crime and promote the stable and healthy development of China’s economy,the Supreme People’s Procuratorate launched a pilot reform of corporate compliance in March 2020.In the case of business related crimes,the prosecution policy of not arresting the enterprise and its responsible person if they needen’t be arrested,not prosecuting if they needen’t be prosecuted,and proposing a suspension of sentence if they needen’t be sentenced to a real sentence is adopted,while urging the enterprises involved to make criminal compliance commitments and implement criminal compliance rectification.In the reform pilot,the conditional non prosecution model has gradually replaced the procuratorial suggestion model as the main model to achieve the reform objectives.Building a compliant conditional non prosecution system for enterprises involved has also become a hot topic in the legal field.The conditional non prosecution system for enterprises involved in the case is supported by the system of pleading guilty and lenient punishment,the criminal reconciliation system,and the conditional non prosecution system for minors.With the practical support of relevant domestic and foreign practical experience,it can meet the requirements of the characteristics of corporate crime in China,help reduce the harm caused to enterprises by the phenomenon of "different penalties for the same crime" under the "dual punishment system" for corporate crime,and help save judicial resources It is conducive to achieving special crime prevention and promoting the stable and healthy development of China’s economy.The compliance conditional non prosecution system of enterprises involved in the case has very rich practical experience abroad and relatively rich domestic practical exploration experience.These experiences cover multiple aspects of the system,such as the scope of application,inspection period,inspection mode,power supervision mechanism,and provide inspiration for the specific construction of the compliance conditional non prosecution system of enterprises involved in the case in China.When constructing a conditional non prosecution system for enterprises involved in the case,it is necessary to fully consider the specific situation in China.When setting up the scope of application of the system,the scope of application of the charges should be limited to crimes of disrupting the order of the socialist market economy,crimes of infringing property,and crimes of disrupting social management order.The scope of application of the main body should be extended to the joint application of enterprises and business managers,and the scope of application of sentencing should be limited to misdemeanors;When setting the starting conditions for the system,it is necessary to admit guilt and punishment,submit a criminal compliance plan,and pay fines;Provide different starting paths for enterprises,public security organs,and procuratorial organs involved in the case when setting up the starting procedures of the system;When setting up the inspection system,select a thirdparty organization inspection mode,distinguish the inspection content between large enterprises and small,medium,and micro enterprises,and set an inspection period of 1 to 3years;When setting up a system of rights protection and power supervision,attention should be paid to protecting the right of opinion and dissent of victims,protecting the right of dissent of enterprises involved in the case,and conducting superior supervision and social supervision over the discretion of prosecutors.