Research on the System of Dividing Cases for Serious Crimes and Compliance Cases
Currently,there is a consensus on the application of"dual non prosecution"for mi-nor criminal cases of corporations,but there is still controversy over whether non-prosecution for corporate compliance can be applied to major criminal cases of enterprises.In order to further ex-pand the effectiveness of the compliance non prosecution system and avoid the adverse conse-quences of"handling a criminal case and bringing down a company",some procuratorial organs have conducted relevant institutional explorations and proposed the reform idea of"separate case handling".However,the division of cases faces practical difficulties such as violating the basic principle of the"dual punishment system"for corporate crimes,lacking legal basis,and resulting in imbalanced punishment for corporations and responsible personnel.From the perspective of judicial practice,it is not only necessary but also feasible to handle major unit crime cases separ-ately.In order to overcome the practical difficulties in the compliance and division of cases for serious crimes,innovation and breakthroughs should be made at the theoretical level,and a sep-aration model between corporations and responsible persons should be reconstructed;Provide clear and fixed provisions at the legislative level,in the form of written laws,specifying the ap-plicable situations and conditions for compliance leniency and non prosecution,and improving the procedures and rules for handling separate cases;Dare to explore and implement injudicial practice,further play the leading role of the procuratorial organs,actively promote the implemen-tation of the mechanism for handling serious crimes in compliance and division of cases,and con-solidate the achievements of theory and practice.
Corporate CrimeSerious Crime ComplianceSeparate Case Handling SystemNon-prosecution for Corporate Compliance
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NSTL
万方数据
维普
