1. Non-prosecution of enterprise criminal compliance means that companies, enterprises and other units that implement effective criminal compliance plans do not prosecute unit crimes, or companies, enterprises and other units that commit crimes do not prosecute unit crimes based on their commitment to implement effective criminal compliance plans;
2. Corporate criminal compliance is a set of internal governance system established by companies, enterprises and other units to effectively prevent, identify and respond to possible criminal safety risks. This governance system can be regarded as "a set of policies and control systems adopted by the organization", trying to stop the criminal behavior of the company by "generating social norms to support law-abiding behavior" and showing and ensuring to the outside world that they are taking measures to stop criminal behavior.
Conditions for non-compliance and non-prosecution:
1. Individuals set up companies or enterprises to carry out illegal and criminal activities;
2. After a company or enterprise is established, its main activity is to commit crimes;
3, the company, enterprise personnel embezzle the name of the unit to commit crimes;
4 suspected of endangering national security crimes or terrorist activities;
5. Other inapplicable circumstances.
To sum up, compliance non-prosecution means that enterprises can plead guilty and accept compliance supervision and inspection, but the circumstances of the crime are minor, and they will not be prosecuted by procuratorial organs or given a lighter punishment. Its flow forms include procuratorial suggestions and conditional non-prosecution. The applicable conditions are mainly criminal cases of directly responsible personnel and units; The so-called enterprise compliance non-prosecution refers to a system in which the procuratorial organ finds that the enterprise involved is willing to establish a compliance system to correct its illegal and criminal acts, and can order the enterprise involved to put forward a targeted compliance system construction plan for its illegal and criminal facts within a certain test period to promote the construction and implementation of its enterprise compliance system, and then the procuratorial organ makes a decision not to prosecute according to the acceptance of the compliance plan of the enterprise involved; For the enterprises involved, obtaining non-prosecution means that the enterprises do not have to be forced to terminate their operations or go bankrupt because of their illegal and criminal acts, and the senior executives involved (mainly responsible persons and directly responsible persons) are exempted from criminal punishment, and the employees of the enterprises are also exempted from unemployment risks; More importantly, the compliance non-prosecution system has created a certain incentive system for enterprise operation, promoted the establishment and implementation of enterprise compliance system, and laid a solid foundation for subsequent compliance operation of enterprises.
Legal basis:
Article 16 of the Criminal Procedure Law of People's Republic of China (PRC)
In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.