China News Service, Beijing, March 6 (Reporter Zhang Su) The Supreme People's Procuratorate of China announced on the 6th that the compliance reform of the enterprises involved in the case will be fully rolled out in the procuratorial organs across the country after the pilot program ends in March this year.
The prosecution will strengthen the application and operation of the third-party supervision and evaluation mechanism, and resolutely prevent and avoid problems such as "paper compliance", "false rectification" and "compliance corruption".
Beginning in 2020, the Supreme People's Procuratorate has successively launched pilot compliance reforms for companies involved in cases in 442 procuratorates in 10 provinces.
The essence of this reform is to urge the companies involved to make compliance commitments and implement compliance rectification while planning not to arrest, prosecute, or propose a lighter sentence in accordance with the law.
In just 10 months, the prosecutors handled more than 600 corporate compliance cases, and found that the companies involved had problems such as weak awareness of legal compliance, lack of internal supervision and control mechanisms, and insufficient ability to identify and prevent risks.
Take a case of smuggling ordinary goods in the cross-border e-commerce field as an example.
The franchisees of the two large express delivery companies involved in the case, according to the owner's request, directly delivered the goods declared by the owner to the bonded port area by "swiping the bill" to the designated domestic warehouse, helping the owner to earn the difference in different tax rates, constituting an accomplice in the smuggling crime.
In this regard, the prosecutors put forward preventive countermeasures and suggestions, including "unblocking employee reporting channels, timely investigating and correcting misconduct" and "strengthening the education and warning of 'key minority' such as directors, supervisors, executives, and major shareholders".
The Supreme People's Procuratorate said that it will speed up the research and formulation of commercial bribery and other common and frequently-occurring crimes for companies' special compliance plans and key examples of effectiveness evaluation and review, and provide targeted demonstration guidelines.
At the same time, promote the closer connection between corporate compliance and economic and administrative penalties. For companies involved in the case, they may not be prosecuted in accordance with the law, but they need to be held accountable economically and administratively. In light of the company's compliance and rectification, they will promptly file a prosecution with the relevant competent authorities. Opinion.
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