A Theoretical Study on Procedural Decriminalization in the Non-prosecution for Compliance
As an innovative prosecution system,the legitimacy of non-prosecution for compliance that gives opportunities for criminally involved corporations to be diverted has been questioned.It is necessary to study the theory of procedural decriminalization in order to resolve such a dispute.Procedural decriminalization refers to the procedures that empower the judiciary to decriminalize criminal cases during the process indepen-dent of the substantive rules about crime and criminal liability.In Chinese criminal procedure laws,the discre-tionary non-prosecution system,the settlement non-prosecution system,and the conditional non-prosecution system for minors are examples.With the guidance of positive criminal law theory,the expansion of the crimi-nal circle has caused the social problem of"overcriminalization".Procedural decriminalization does not vio-late the principle of legality.There are diverse methods,such as direct decriminalization,suspended decrimi-nalization,prosecutorial decriminalization,and trial decriminalization,making up for the lack of flexibility of substantive decriminalization.As a legislative extension of the non-prosecution for compliance,the condi-tional non-prosecution system for enterprises can deal with the overcriminalization of enterprises through a"suspended prosecutorial decriminalization"way,avoiding the risk of"procedural elimination of legality"by setting up restrictive mechanisms.
Non-Prosecution for complianceprocedural decriminalizationsubstantive decriminalizationovercriminalizationlegal interest recovery
万方数据
维普
