Establishment Of Conditional Non Prosecution System In Enterprises

In recent years,with the frequent occurrence of corporate criminal cases,in order to enhance corporate compliance awareness and reduce corporate crime rates,procuratorial organs have fully played their role and actively carried out pilot work on corporate compliance reform.Since 2020,China’s Supreme People’s Procuratorate has taken a series of measures to actively explore ways and methods to combine enterprise compliance construction with the application of the principle of non prosecution in accordance with the law.Through the promotion of a series of compliance reform efforts by the Supreme Court of Justice,the model of conditional non prosecution for corporate criminal compliance has been applied to many enterprises involved in crimes,and has achieved certain positive effects.As a judicial measure that is still in the reform and exploration stage,China’s enterprise compliance non prosecution lacks a clear legal basis for many practical operations.The pilot models in various regions have their own characteristics and have not formed a relatively unified model.It can be seen that the construction of the enterprise conditional non prosecution system is a difficult task.However,we can also see that the pilot grassroots authorities have explored the applicable conditions,scope of application,regulatory models,and other aspects of the compliance non prosecution system,and have better promoted the process of system localization through research on extraterritorial compliance legislation and practice.The construction of enterprise conditional non prosecution system should first clarify the concept,theoretical basis,and functional value of enterprise conditional non prosecution system,and demonstrate the rationality and legitimacy of enterprise conditional non prosecution system;Secondly,it is necessary to grasp the practical operation of the reform,analyze and summarize the existing difficulties,summarize the experience and lessons learned from the pilot work,and draw on the beneficial elements of the extraterritorial criminal compliance system,so as to accumulate corresponding experience to establish a compliant non prosecution system that conforms to China’s social characteristics and social development;Finally,the specific content of the conditional non prosecution system for enterprises is designed from three aspects: the scope of application of the system,the content of compliance inspection,and the initiation of procedures.Reform and exploration will inevitably encounter many obstacles.We must adhere to opening up new ideas for work and boldly explore new models.In future compliance reform efforts,consideration should be given to establishing a criminal incentive mechanism for ex ante compliance,the way procuratorial organs promote the continued development of corporate compliance,the transformation of corporate compliance concepts and specific practices,and the implementation of a comprehensive compliance system.