Research on the Litigation Situation of the Responsible Person in Criminal Cases Involving Private Enterprises
Criminal law implements the"double punishment system"for enterprise crimes,which needs to pursue the criminal responsibility of the enterprise and the person in charge involved at the same time.Under the guidance of the policy of optimizing the business environment,the judicial organs should pay close attention to the situation of the enterprises involved,but also pay attention to the litigation situation of the enterprise leaders.The case handling authorities take non-custodial compulsory measures against the qualified leaders of the enterprise,which can not only help the smooth compliance rectification of the enterprise,but also guarantee the operation of the enterprise,and effectively avoid the"disaster"caused by criminal prosecution to the enterprise involved.After the compliance inspection of the enterprise involved,the procuratorial organ should make a decision not to prosecute the person in charge who meets the conditions for non-prosecution.In order to avoid the imbalance in the application of the case crime,it is more appropriate for the procuratorial organ to initiate the prosecution to the head of the enterprise when he does not meet the conditions for discretionary non-prosecution.If the person in charge plays an active role in the process of enterprise compliance reform,it can be used as the reason for the judge's lenient sentencing.
person in charge of enterprisenot in custodyno prosecutionlenient sentence
万方数据
维普
