Initiation Conditions of the Compliance Non-prosecution Inspection Process-Taking the Typical Cases of Enterprise Compliance Reform Pilot of the Supreme People’s Procuratorate as a Sample

In June and December 2021, the Supreme People’s Procuratorate issued two batches of model cases of enterprise compliance, showing that the procuratorial organs apply the compliance non-prosecution system, through the third-party supervision and evaluation mechanism to supervise and help enterprises to carry out compliance rectification and compliance construction to ensure the stable development of enterprises. In order to ensure the fair application of the compliance non-prosecution system and the smooth progress of the compliance inspection, certain conditions should be set for the start-up of the compliance non-prosecution inspection procedure. Three conditions should be met for initiating the compliance inspection procedure for the enterprise involved in the case: First of all, the enterprise involved in the case should plead guilty and admit the facts of the alleged crime; be willing to accept criminal or administrative punishment, actively cooperate with the investigation and conduct internal self-investigation, and take relevant restoration or remedial measures. Secondly, the enterprise should have the compliance ability, be able to operate normally, and ensure the smooth progress and steady progress of the compliance inspection. Finally, enterprises should make compliance commitments, promise to carry out compliance rectification, strengthen compliance construction, and actively cooperate with compliance supervision.