Compliance non-prosecution means that under certain circumstances, judicial organs or law enforcement departments can decide not to prosecute or not to punish illegal acts according to certain conditions and standards. This practice aims to encourage enterprises or individuals to consciously abide by the law, take the initiative to correct mistakes, and reduce judicial pressure and resource consumption to some extent.
Conforming to the applicable conditions of non-prosecution usually includes the following aspects:
1. Voluntary surrender: After the illegal act occurs, the illegal subject shall report to the law enforcement organ and provide relevant evidence and materials. This shows that the illegal subject is aware of his illegal behavior and is willing to actively cooperate with law enforcement agencies in the investigation.
2. Proactive correction of mistakes: illegal subjects should actively take measures to correct illegal acts and actively cooperate with law enforcement agencies for rectification. This includes stopping illegal activities, eliminating illegal effects and compensating victims.
3. No major social harm: illegal acts cannot cause major harm to society, and cannot endanger national security, social interests and the legitimate rights and interests of others.
4. Compliance commitment: the illegal subject shall make a written commitment to abide by laws and regulations within a certain period of time and cooperate with the supervision and inspection of law enforcement agencies.
5. No other illegal acts: the illegal subject has no other illegal acts within a certain period of time.
It should be noted that compliance with non-prosecution does not apply to all illegal acts, and the specific applicable conditions may be different due to factors such as regions, laws and regulations. Therefore, in a specific case, the illegal subject should cooperate with the lawyer, evaluate whether it meets the conditions of non-prosecution according to the specific situation, and communicate and negotiate with the law enforcement agencies.
In short, compliance non-prosecution is a flexible law enforcement method for judicial organs or law enforcement departments. By encouraging illegal subjects to surrender voluntarily and correcting mistakes actively, legal education and social effects can be achieved and the judicial burden can be reduced.
Compliance exemption refers to a special way of dealing with violations of laws and regulations without prosecution or punishment under certain conditions. Its applicable conditions mainly include, but are not limited to: actively correcting mistakes, actively cooperating with investigations, having no malicious criminal intent, and not causing serious social harm. The specific procedures include: applying for exemption, submitting relevant evidence materials, accepting the review by the regulatory authorities, and reaching an exemption agreement. The purpose of compliance exemption is to encourage enterprises to correct themselves, standardize their business practices and promote social harmony and stability. However, exemption is not a means to evade legal responsibility, but to realize the organic combination of law and justice on the premise of meeting the conditions.
Legal basis:
Administrative Procedure Law of the People's Republic of China (revised on 20 17);
Chapter VI Prosecution and Acceptance Article 51 If a people's court accepts a complaint and meets the requirements for prosecution as stipulated in this Law, it shall file a case. If it is uncertain whether the conditions for prosecution stipulated in this Law are met on the spot, a complaint shall be received, and a written certificate indicating the date of receipt shall be issued to decide whether to file a case within seven days. If it does not meet the conditions for prosecution, it shall be ruled not to file a case. The written ruling shall specify the reasons for not filing the case. If the plaintiff refuses to accept the ruling, he can appeal. If the contents of the complaint are deficient or there are other errors, it shall be guided and explained, and the parties shall be informed of the contents that need to be corrected at one time. Shall not refuse to accept the complaint because the prosecution does not meet the conditions without guidance and explanation. If a party refuses to accept the complaint, fails to issue a written certificate after receiving the complaint, or fails to inform the party concerned of the content of the complaint that needs to be corrected at one time, the party concerned may appeal to the people's court at a higher level, which shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law.