Sun, 23 Jul 2023 Insights Guodong Du 杜國(guó)棟
This mechanism for corporate compliance non-prosecution, established under the promotion of China’s Supreme People's Procuratorate, has gradually been recognized by the judiciary and legal practitioners.
In China, "Corporate compliance non-prosecution system" refers to a system under which prosecutors can order enterprises suspected of crimes to propose a special compliance plan according to the facts of crimes, urge them to establish the corporate compliance management system, and then make a non-prosecution decision as appropriate, where they find that such enterprises are willing to establish a compliance system. This system aims to urge the enterprises involved in cases to make compliance commitments and actively implement such commitments, promote enterprises to operate in compliance with the laws and regulations, and reduce and prevent crimes committed by enterprises. Driven by the SPP, China has been exploring and implementing this system.
