April 2, 2022，Exploring the preliminary pilot，The Supreme People's Procuratorate held a meeting with the National Federation of Industry and Commerce，The pilot work of the compliance reform of the enterprise involved in the case in the country's procuratorial organs，and the relevant normative documents are introduced one after another。March 23, 2023，Zhang Jun, Dean of the Supreme People's Court, puts forward at the national court's study and implementation of the psycho -television conference on the nation's two conferences，To "study the compliance reform of the enterprise involved in the case with the procuratorial organs"。With the court’s participation in the compliance procedures of the corporate involved in the case, it is gradually deepening，my country will gradually move from the past "procuratorial dominance" mode to the "legal inspection collaboration" mode。

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One aspect，The "Law Inspection Cooperation" model helps to achieve the full coverage of the corporate compliance involved in the case in criminal proceedings。In the past, enterprises involved in the case are mainly applicable to the review and prosecution stage，Directed by the procuratorial organs and relying on "compliance non -prosecution" push。But the corporate compliance involved in the case is limited to the review and prosecution stage，I will face the lack of time limit for litigation and the absence of judicial review。First，The deadline for review and prosecution is generally 6 months and 15th，Even if the period of compulsory measures for borrowing bail pending trial is extended to 12 months，It is not enough for the compliance rectification of the enterprise involved in the case。If you can borrow investigation and bet365 best casino games trial period，It can effectively alleviate the problem of insufficient time limit for litigation。Second，From the perspective of outside domain，Ying、The courts of the United States and other countries can supervise the compliance of the enterprise involved in the case through judicial review，The absence of the supervision of my country's courts will make the company's compliance lack of corresponding constraints。To solve the problem before，Some regions held a joint meeting of law inspection，By introducing the corresponding "meeting minutes" or "guidance" to regulate the "legal inspection collaboration" of corporate compliance involved in the case。For example, April 11, 2023，Jiangsu Higher People's Court、The Jiangsu Procuratorate jointly issued the "Minutes of the Symposium on Strengthening the Compliance Works of Enterprises Involved in the Case"，Cooperative promotion of the compliance reform of the enterprise involved in the case，Standardize legal inspection collaboration in corporate compliance involved。Subsequent，Xinwu District People's Court, Wuxi City, Jiangsu Province、Procuratorate、Public Security Branch jointly issued the "Applicable Connection Measures for the Full Process of Criminal Procedures for Criminal Procedures for Enterprise Cases (Trial)，Explore how the court participates in corporate compliance，Specifically includes the review of compliance certification materials during the trial stage、How to develop corporate compliance during the use and trial stage。

On the other hand，"Legal Inspection Cooperation" model is an important prerequisite for "illegal resistance/responsibility blocking but criminal compliance" and "sentencing incentive criminal compliance"。Under the previous "Procuratorate" mode，Enterprise compliance involved in the case mainly depends on the "Prosecution Incentives" in the review stage of the prosecution。In addition to "Prosecution Bet365 lotto review incentive"，That is, if the compliance is not prosecuted，There are still two types: "illegal resistance/liability barrier" and "sentencing incentive"。"Illegal resistance/Responsibility Obstruction" type refers to the basis for the company involved in the case as an innocent defense in criminal proceedings，Prove that employees' criminal violations are not related to enterprises。For example, the case of Nestle Company and their employees tried in the Lanzhou City City Court in 2016.，Employees involved in the case pass the women's obstetricians to buy personal information of pregnant women，constitutes the crime of infringing the personal information of citizens。6 defendants said that the purchase of a personal information company instructions，But Nestlé has presented a series of employee training materials，and all the nutritional commissioner signed containing "no money for medical professionals、Material、Lure "，"Not allowed direct or indirect contact with pregnant women and breastfeeding mothers" and other compliance clauses such as the promise provisions。The court determines this，Employees involved in the case illegally implemented criminal acts，and the company is innocent。"Singing Singing Incentive" type syndicate，It mainly refers to the court involved in the case of effective post -after -to -after -compliance rectification.。For example, in the first four batches of typical cases of corporate compliance involved in the Supreme People's Procuratorate，The first typical case 2、The second batch of typical case 6、The third batch of typical cases 2、The fourth batch of typical cases all involve the procuratorate involved in the case of "effective compliance rectification" as a proposal to propose from lightweight torture，And the above suggestions are adopted by the court。

　"Law Inspection Cooperation" implementation path 

First，In the case of non -prosecution case，bet365 live casino games Is the court reviewing the procuratorate's compliance withdrawal requirements?，Or the court recommends that the procuratorate withdraws after the compliance is valid。The first way to enter，The procuratorate required to withdraw prosecution on the grounds that the enterprise has established effective compliance，According to the "Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" Article 296，The court conducted a substantial review to make a ruling for a permitted。Similar methods have precedent in the UK and the United States，Some scholars in our country have proposed the corresponding thinking。First，Prosecutors and companies and defenders negotiate，Formulate an attached condition to withdraw the prosecution agreement，Set the period of rectification of corporate compliance。Second，Court review attached conditions to withdraw the prosecution agreement，If you think the agreement is legal、Enterprise compliance willingness is true、Enterprise compliance in this case is necessary，You can agree to suspend the trial and extend the trial in accordance with the law。Last，If an enterprise establish a valid enterprise compliance plan according to the agreement and pass the inspection and acceptance，The procuratorate shall withdraw from the court to withdraw the prosecution。The second way to enter the current lack of clear legal authorization，The aforementioned judicial interpretation is only applicable to the situation where the procuratorial organs actively withdraw the prosecution，not applicable to the case of the court's proposal to withdraw the prosecution。But，The court recommends the establishment of the prosecution procedure to improve supervision efficiency、Promote multi -subject participation、Promoting institutional reform, etc.，It is important。Although the current research Bet365 lotto review on the corporate compliance reform of the court involved in the court is in the ascendant，Some scholars have proposed in the legislative proposal draft，Increase the procedure of "People's Court can also recommend the people's procuratorate to withdraw prosecution and make decisions that are not prosecuted"，This suggestion is worthy of call。

Second，In a case where compliance is wide，The court reviews whether the compliance rectification of the enterprise involved in the case，Passed the rectification as a discretion from the lenient penalty plot，and stimulate in the referee document。This move is reflected in the four typical cases announced by the highest procuratorial priority。In the trial stage，Court of response to the rectification effect of the co -regulations for substantial review。First，For the overall situation of rectification、Return of illegal income、Sentencing Suggestions For compliance factors consideration，The reason for the public prosecution agency to show evidence and explain the claim of litigation。Second，Requires the company and their defender to submit the corporate compliance certificate，Explain the effectiveness and comprehensiveness of corporate compliance rectification，Key reviewing enterprise risk investigation、Rectification，Staff Education、Training situation，Evaluation Opinions of Third Party Organization。Last，After the court finds whether the corporate compliance is valid，The plot of retreating the enterprise withdrawal、The attitude of confession and regret and other statutory plots，merger as the basis for sentencing from the width。

third，While the corporate compliance involved in the case is wide，The court can issue a business prohibition order。Article 37 of the Criminal Law in my country stipulates the applicable premise of the prohibition of criminal care、Conditions and deadlines; paragraph 2 stipulates the legal bet365 Play online games consequences of violation of the people's court's business prohibit decision; paragraph 3 stipulates the prohibition of criminal employment and other laws、Relations that are prohibited or restricted in administrative regulations。，Article 72, paragraph 2 of the Criminal Law，For criminals who announced the probation of probation, they can prohibit specific activities during the probation test period depending on the specific situation、Enter specific locations and contact specific personnel。Current practice，Courts generally cooperate with public security organs，The execution of the public security organs is mainly responsible。In the field of finance and securities，In 2020, a case of corporate compliance issued a case of employment ban on the person in charge of the person in charge。In the field of environmental protection，Jiangsu Province has also been sentenced to probation after the corporate compliance rectification was qualified for pollution.，and prohibit the judgment of the pollution discharge activities during the probation test period。

Fourth，After passing the parallel acceptance and acceptance，Procuratorate may file a civil public interest litigation。If the procuratorial organs have found a behavior that harms the public interest of social public interests，If it destroys the ecological environment and resource protection，Name of infringing heroes martyrs、Portrait、Honorary、Honor，Food and Drug Safety field infringes many consumer rights and interests，Civil interest litigation can be filed。Specific to harm food safety crimes，The defendant (unit) may bear compensation losses、apologize to the public，Even punitive compensation liability。In such criminal cases，After passing the parallel acceptance and acceptance，The Procuratorate can decide not to prosecute the company involved in accordance with the law，bet365 best casino games But the consequences of infringing the rights of consumers due to related crimes，Still need to bear the liability for compensation。At this time，The procuratorate can file a civil public interest lawsuit on the responsible subject，The court made a judge in accordance with the law。

　(The author is the Prosecutor of the People's Procuratorate of Wuxi High -tech Zone (Xinwu District))