The compliance reform of the enterprise involved in the case has experienced theoretical exploration from prosecutorial leading to court participation,but few investigation organs participate in the relevant discussion of enterprise compliance.In the current enterprise compliance reform pilot,the investigation participation in enterprise criminal compliance has emerged,which needs to be proved theoretically.The first position of investigation organs in discovering and cracking down on corporate crimes provides a practical basis for their participation in compliance;the principle of comprehensive investigation and the attribute of investigation experience give them an understanding basis for their participation in compliance;the principle of mutual cooperation and restriction between investigation and inspection organs provides a legal basis for their participation in compliance.However,in view of the equity considerations of criminal proceedings,the investigation organs should still participate in the enterprise compliance reform within the limits,and should not go beyond the scope of investigation itself.The key to the investigation organs'participation in the criminal compliance of enterprises lies in the construction of a realization path centering on the initiation of compliance of investigation suggestions,including the compliance notification obligation of investigation organs,the right of compliance suggestions,and the compliance supervision restriction as a non-third party.
关键词
企业合规/刑事合规/侦检关系/合规不起诉/合规整改
Key words
enterprise compliance/Criminal compliance/Investigation and inspection relationship/Non-prosecution in compliance/Compliance corrective
维普
万方数据