China's release 丨 The pilot of the compliance reform of the enterprise involved in the case, the results of the first display unit's crime prosecution increased from year -on -year to a significant decline

China Net July 26 (Reporter Peng Yao) Reporter recently learned from the Supreme People's Procuratorate that from 2017 to 2021, a total of 47,000 crimes of complaints in the national procuratorate (Note: "people" include units and units directly directly Responsible supervisors and other direct responsible personnel, the unit is counted as the proposed person), of which, from 2017 to 2020, it was increasing year by year, and it declined significantly in 2021.

The unit crime refers to the company, enterprise and other units, which are implemented in the name of the unit, and the crimes of illegal income are returned to the unit. According to the provisions of the Criminal Law, if the unit crime is punished, the unit is punished, and the person in charge and other directly responsible persons are sentenced to punishment.

There are many prosecutions such as dedicated VAT invoices, illegal absorption of public deposits, etc.

The procuratorial organs' cases have found that in recent years, the unit's crime presentation has three main characteristics, and punishment and prevention governance must be strengthened.

From the perspective of the distribution of crimes, the crime of destroying the socialist market economy order is relatively concentrated. According to my country's criminal law, there are 164 crimes involved in the unit's crime. Among the units that prosecuted from 2017 to 2021, 10,500 crimes involving the crime of destroying the socialist market economy order, accounting for 75%of the total crime of the prosecution unit. The crimes of large prosecution quantities are: 5,512 cases of dedicated invoices for VAT, for fraudulent export tax refund, deducting tax invoices, accounting for 39.4%; 1132 crimes illegally absorbing public deposits, accounting for 8.1%; illegal occupation of agricultural land for agricultural land; 1071 crimes, accounting for 7.7%; 931 crimes were smuggled and the goods were smuggled, accounting for 6.7%; 636 crimes were polluted by pollution, accounting for 4.5%, and the five crimes accounted for 66.4%of the total number of crimes in the unit.

From the perspective of the type of unit involved, non -state -owned enterprises and institutions accounted for more than 80 %. From 2017 to 2021, a total of 39,000 units handled by the units handled by the procuratorial organs, of which 32,000 non -state -owned corporate enterprises and institutions were involved, accounting for 81.8%. From the perspective of criminal acts, the crime of non -state -owned enterprises and institutions is mainly manifested in the benefits of the unit, and the special VAT invoices are issued, used to deceive export tax refund, deduct tax invoices or illegally occupy agricultural land, illegally absorb public deposits, bribe units for bribery Wait.

From the perspective of punishment, the amount of fines of the unit is huge, and the punishment of the unit in charge of the unit and other direct responsible persons is mainly based on the primary punishment. From 2017 to 2021, the court sentenced a total of 23.82 billion yuan in the unit, and the average of 2.99 million yuan was punished by the unit. The punishment that the person in charge directly responsible for the unit and other direct responsible persons are mainly sentenced to a slow sentence, and the number of punishments below three years in prison (including detention, control, single penalty, and exemption of criminal penalties) accounts for 79.8%, and the probation rate rate will be probably eliminated. 56.7%.

Pilot corporate compliance reforms involved in the case are neither "crashing factories" nor "widening".

In practice, some companies involved in the case were arrested for the person in charge, the sentence was not sentenced to normal production and operation, and even closed down, laid -off workers, and affected employment and enterprise operations. In order to prevent "the case and the factory collapsed", the highest procuratorial policies issued 11 specific procuratorial policies in 2018. The person in charge of the enterprise involved in operating crimes. The proposal of the actual punishment should be applied to the probation, and the equal protection of the legitimate rights and interests of the enterprise is effectively strengthened. In deepening implementation, in order to prevent the widening of such crimes, promote the lawsuit of the enterprise involved in the case and prevent the risk of re -cropping. At the same time, other enterprises are warned that in March 2020 Those who do not complain will be instructed to make compliance commitments and rectify the case involved in the case. It is both "love" and "strictly managed" to promote the governance of corporate criminal crimes.

In March 2021, the Supreme Procuratorate was deployed in 10 provinces including Beijing and Shanghai to carry out the pilot of the second phase of the reform, and the pilot scope expanded to 62 municipal -level houses and 387 grassroots courts. Push away. In the pilot, the procuratorial organs accurately grasped the applicable conditions of the rules, and made the types of cases applied to the compliance reform of the enterprise involved in the case: the various types of criminal cases involved in market entities such as companies, enterprises, etc. include The unit criminal cases include criminal cases that are closely related to production and operation activities such as the actual controller of the company, the company, the management personnel, and the key technical personnel.

Since the pilot, the national procuratorate has handled 2,382 compliance cases, of which 1,584 cases of third -party supervision and evaluation mechanisms are applicable; 606 companies and 1159 people who have rectified compliance have made decisions of non -prosecution in accordance with the law and achieved good political effects and social effects. , Legal effect. In 2021, the number of criminal prosecutions in 2021 declined, indicating that the procuratorial organs implemented the implementation of less prosecutors and prosecuted criminal judicial policies, and deepened the results of the pilot reform of the corporate compliance reform. A private enterprise in Hubei was suspected of crime during operation, and the procuratorial organs were promoted to rectify their compliance. Six months later, after a third party strictly evaluated and confirmed, they decided not to prosecute according to law. After the rectification of the company, the production and operation stepped into the right track, adding hundreds of millions of dollars, driving hundreds of employment.

Multiple departments explore the establishment of a third -party supervision and evaluation mechanism to prevent "paper compliance"

In order to prevent enterprises from engaging in "paper compliance" and false rectification, the Supreme Procuratorate with the State -owned Assets Supervision and Administration Commission of the State Council, and the National Federation of Industry and Commerce to explore the establishment of a third -party supervision and evaluation mechanism, set up a third -party mechanism management committee, and select and determine the corporate compliance involved in the case. The third -party mechanism professional database conducts objective, fair, and effective supervision and evaluation of the enterprise compliance commitments and rectifications involved in the case. Judicial, law enforcement, and industry supervision work together to promote the institutionalization of "strict management" and prevent "love" from being abused. The procuratorial organs who believe that the enterprises involved in the third parties are involved in the case, the rectification is invalid, and the conclusions of the evaluation of the evaluation of false means shall be resolutely pursued in accordance with the law, or the procuratorial opinions that are strictly punished and punished to the relevant competent authorities have allowed illegal enterprises to allow illegal enterprises to Penalties should be punished to form deterrence and warnings. The person in charge of a private enterprise in Jiangsu was suspected of a crime of counterfeit registered trademarks, and the procuratorial organs were approved by the enterprise to conduct compliant construction. During the rectification of compliance, the procuratorial organs, together with third -party supervision and evaluation organizations, went to the enterprise to investigate several times. All found that there were still problems such as irregularly registered trademarks. Public prosecution, the court adopted all the procuratorial organs to accuse the facts of crime and sentencing suggestions.

In the next step, the procuratorial organs will further strengthen cooperation with relevant departments, deepen the compliance reform of the enterprise involved in the case, continue to do "strict management" and "love", help the development of various market entities, promote the creation of security business and benefit enterprises to the rule of law, The business environment and better serve the high -quality development of the economy and society.

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