Theoretical Justification and Application Boundaries of Compliance in Natural Person Criminal Cases
The term "natural person criminal cases" refers to cases in criminal proceedings where only natural persons are subject to criminal prosecution.Applying criminal compliance to cases of natural person crimes also carries the value of crime prevention,benefits the public interest,and aligns with the theory of cooperative regulation.The interference of criminal compliance on the autonomy of enterprise management has its legitimate basis.The reduction of criminal liability for natural persons is in accordance with the principles of criminal law,therefore the application of criminal compliance to criminal cases involving natural persons can be theoretically justified.Due to the current stage of development of private enterprises in China,the scope of corporate crimes in judicial practice has been significantly limited.This is a practical reason for applying criminal compliance to cases of individual crimes.However,it can only be applied if the enterprise has a criminological influence on the crime of a natural person and agrees to comply.The implementation of criminal compliance must adhere to the principle of proportionality.The reduction of criminal liability for individuals must conform to the principle of suiting punishment for crime.
criminal compliancenatural person crimebasis of legitimacythe principle of proportionality
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