Does the Compliance Reform of the Enterprise Involved a Criminal Case Need to Amend the Criminal Law?
As a reward system,the most powerful incentive of the compliance reform of the enterprise involved in a criminal case is that the enterprise involved can apply the discretion not to prosecute.However,under the current legal framework,this incen-tive mechanism has institutional obstacles both in procedural law and substantive law.In this regard,the revision of the corre-sponding system of the Criminal Procedure Law should be the focus,while the revision of the Criminal Law should also be put on the agenda.The revision of the Criminal Law is mainly reflected in three aspects:first,to modify the definition of unit crime,and add the substance of unit crime;second,to add a provision on the reduction and remission of compliance responsibilities of enter-prises involved,clarifying that they belong to the"shall"type of sentencing circumstance,and should be reduced or exempted from punishment;third,to add a provision that makes prior enterprise compliance have the function of excluding criminal intent,clarifying that it can apply as a defense to deny the establishment of unit crime.
compliance of enterprise involvedunit crimediscretionary non-prosecutionsubstantive incentivemisdemeanor
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