Research On Non Prosecution Of Unit Crime ——From The Perspective Of Criminal Compliance

With the advancement of criminal compliance system,the non-prosecution system for unit crimes as a compliance incentive has regained public attention.The procuratorial authorities have carried out two phases of criminal compliance pilot work,and issued a series of documents to guide unit compliance.In those pilot areas,the conditions of criminal compliance unit decided not to prosecute,at the same time,two reform results were formed,which are the “prosecutorial recommendations +non-prosecution model ” and the “ compliance inspection +non-prosecution model”.Specifically,the “prosecutorial recommendations+ non-prosecution model” is based on the willingness to examine the criminal compliance of the unit involved in the crime,conducting the discretionary not prosecuting the criminal units,and issuing the procuratorial suggestion of criminal compliance.The “ compliance inspection + non-prosecution model” is the compliance requirements for the unit involved in the beginning,gibing the unit a certain inspection period,then according to the compliance rectification results,making a decision on whether prosecute the unit or not.In general,however,there are some problems with both models in simultaneously relying on the discretionary non-prosecution system for unitary crimes.Due to the fact that the prosecutorial recommendations lag behind discretionary non-prosecution decisions,“the prosecutorial recommendations + non-prosecution model” is not binding enough for compliance rectification.In the meanwhile,the discretionary non-prosecution system has clarified the requirements of minor criminal circumstances.Under this mode,there is no consensus on how to define the criteria of minor crime circumstances.The “compliance inspection +non-prosecution model” also has some problems,such as breaking through the existing unit criminal non-prosecution system types and insufficient compliance incentives.In conclusion,the restraint mechanism of “ procuratorial recommendations + non-prosecution model” should be strengthened,and the rigidity of criminal compliance procuratorial recommendations should be enhanced.At the same time,the discretionary non-prosecution requirement should be clarified for the minor circumstances of the unit’s crime to the extent that the person directly responsible for the unit may be sentenced to less than 3 years in prison.it’s urgent to address the mismatch between the “compliance inspection +non-prosecution model” and the discretionary non-prosecution system.In addition,it’s necessary to distinguish between the “ prosecutorial recommendations +non-prosecution model ” and the “ compliance inspection +non-prosecution model”,and to apply the “compliance inspection +non-prosecution model” to the unit crime cases in which the person directly responsible for the unit may be sentenced to more than 3 years of imprisonment,finally to construct a unit crime non-prosecution system with more lenient application conditions to meet the needs of the“compliance inspection + non-prosecution model”.