Compliance Incentive Models in Criminal Procedure

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Models of Criminal Procedure System
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Abstract

As a new type of corporate management, corporate compliance aims to avoid compliance risks and prevent, monitor and remedy illegal and criminal activities. However, it is meaningless for a company to establish a compliance system on paper merely. The effectiveness of this management relies on its associated administrative and criminal incentive mechanism. Setting the rules of leniency for compliance in criminal law can urge enterprises suspected of committing crimes to implement compliance programs. For enterprises that have promised to establish or improve a compliance management system, the procuratorates set a supervision period and decide whether to prosecute them based on the effectiveness of their compliance system. More and more countries have established this rule. So far, the United States has established deferred prosecution and non-prosecution systems, while the United Kingdom, France, Australia, Canada, Singapore and other countries have imitated the United States and established the deferred prosecution system.

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Notes

  1. 1.

    Chen Ruihua. (2020). The basic theory of corporate compliance. Law Press, pp. 233–236.

  2. 2.

    Shi Yanan. (2019). Compliance program implementation and criminal liability of units. Journal of Law, 9, 29–33.

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    A number of papers published in the Chinese Journal of Criminal Law have put forward propositions and recommendations in this regard. See Yang Fan. (2020). Research on the legislation of conditional non-prosecution in corporate compliance. Chinese Journal of Criminal Law, 3; Ouyang Benqi. (2020). Discussion on the establishment of a conditional non-prosecution system for corporate crimes in China. Chinese Journal of Criminal Law, 3; Shi Yanan. (2020). Discussion on conditional non-prosecution and corporate governance in the unit criminal cases. Chinese Journal of Criminal Law, 3.

  6. 6.

    Compliance and Government Regulation Group. (2020, August 26). Many local procuratorates explore criminal compliance-based non-prosecution for enterprises. WeChat “Fangda Law Firm”.

  7. 7.

    Shenzhen Baoan District People’s Procuratorate. The Application of Conditional Non-Prosecution of Enterprise Criminal Cases.

  8. 8.

    Shenzhen Nanshan District People’s Procuratorate. The Application of Conditional Non-Prosecution of Enterprise Criminal Cases.

  9. 9.

    Shenzhen Baoan District People’s Procuratorate has adopted this model. See Shenzhen Baoan District People’s Procuratorate. The Application of Conditional Non-Prosecution of Enterprise Criminal Cases.

  10. 10.

    Chen Dongsheng. (2020, September 23). Compliance inspection escorts the development of private enterprises. Rule of Law Daily.

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    Chen Ruihua. (2020). The basic theory of corporate compliance. Law Press, pp. 231–268.

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    Creating a good development environment to support the reform and development of private enterprises. (2019, December 24). China Market Regulation News.

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  18. 18.

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    Yuan Xueshi. (2020). Integralism, decentralization, efficiency and convenience: the “new principles” of the amendment of the administrative punishment Law. Journal of East China University of Political Science and Law, 4.

  24. 24.

    Chen, Rhuihua. (2020). Deferred prosecution agreements in the corporate compliance system. Comparative Law Studies, 1.

  25. 25.

    Chen, Ruihua. (2020). Chineseization of corporate compliance. Legal Science, 3.

  26. 26.

    Chen Ruihua. (2020). Basic theory of corporate compliance. Law Press, pp. 127–129.

  27. 27.

    Li Yuhua. (2020). The incentives of criminal procedure for corporate compliance in China. Comparative Law Studies, 1.

  28. 28.

    This model is adopted by the People’s Prosecutor of Baoan District, Shenzhen, see Shenzhen Baoan District People’s Procuratorate. The Application of Conditional Non-Prosecution of Enterprise Criminal Cases.

  29. 29.

    This model is adopted by the People’s Prosecutor of Nanshan District, Shenzhen, see Shenzhen Nanshan District People’s Procuratorate. The Application of Conditional Non-Prosecution of Enterprise Criminal Cases.

  30. 30.

    Liu Jian. (2020, August 21). Baoan District Procuratorate and Baoan District Judicial Bureau Release “Corporate Criminal Compliance System,” Shenzhen Baoan District People’s Procuratorate WeChat.

  31. 31.

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  32. 32.

    Nanshan District People’s Procuratorate. (2020, April 16). Non-prosecution to promote corporate compliance. Shenzhen Nanshan District People’s Procuratorate WeChat.

  33. 33.

    Opinions of Ningbo Procuratorate on the establishment of a compliance inspection system for enterprises suspected of committing crimes.

  34. 34.

    Yunxia Yin, **aoxia Li. (2020). The dynamics of corporate compliance in China and the path to its achievement. China Law Review, 3.

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    Philip Weller. (2018). Effective compliance programs and criminal procedures (Wan Fang, Trans.). Financial Jurisprudence, 3.

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Chen, R. (2022). Compliance Incentive Models in Criminal Procedure. In: Models of Criminal Procedure System. Springer, Singapore. https://doi.org/10.1007/978-981-19-3651-7_11

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  • DOI: https://doi.org/10.1007/978-981-19-3651-7_11

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