Discussion on the construction path of the compliance non-prosecution system

Abstract

Chinese compliance non-prosecution system conforms to the criminal policy of "combining leniency with strictness" and social public interests, and helps people's procuratorates to fully participate in social governance and prevent enterprises from committing crimes again. The current pilot units in China mainly adopt the mode of relative non-prosecution and conditional non-prosecution. The former is inconsistent with the value pursued by the compliance non-prosecution system, and the latter should be reformed in a targeted manner. The applicable object of the compliance non-prosecution system shall be the large and medium-sized enterprises, and shall not be subject to the influence of the degree of criminal penalties. Moreover, the people's procuratorates shall apply the system to the large and medium-sized enterprise that conforms to the social and public interests, pleads guilty and accepts punishment, and is possible to transform successfully, and shall decide to prosecute or not prosecute the enterprises involved in criminal cases according the effectiveness of the special compliance rectification plan and the relevant compliance management system of an enterprise.