Declaration of guilt and punishment with indulgence: Experts assure that the interpretation of the new Criminal Procedure Law promotes the constant development of private companies

Original title: Guilty plea and leniency sanction: Experts say that the interpretation of the new criminal procedure law promotes the constant development of private companies

The “Interpretation of the New Law on Criminal Procedure” will enter into force on March 1, 2021, in which the “System of clemency for convictions and punishment” will be more conducive to protectionmarketThe main body is especially privatecompanyConstant development.

On February 4, the Supreme People’s Court issued the “Interpretation of the Supreme People’s Court on the application” and responded to questions from journalists.

The Interpretation of the New Criminal Procedure Law is the judicial interpretation with the highest number of articles in the history of the Supreme People’s Court. According to Li Shaoping, Vice President of the Supreme People’s Court, compared to the 2012 Interpretation, the Interpretation of the New Criminal Procedure Law has added three chapters: “Trial of guilty plea cases and punishment”, “Expedited procedures” and ” Procedures in Absence “, adding 107 articles, More than 200 articles have been substantially revised.

Trial before the Supreme People’s CourtCommitteeShen Liang, a full-time member and president of the Criminal Court, said that the system of conviction and sanctioned clemency is an important legal system established in this revision of the Criminal Procedure Law and an important content of the “Interpretation of the New Criminal Procedure Law “. It is to better achieve judicial justice and justice. A major institutional arrangement with unified efficiency.

Article 347 of the “Interpretation of the New Criminal Procedure Law” establishes that if the accused pleads guilty and punished, he may be prosecuted in a simplified procedure and with substantial leniency in accordance with article 15 of the Criminal Procedure Law .

　What cases can be applied to the leniency system?

Shen Liang said that, in combination with judicial practice, the focus of the application of the leniency system should be cases in which the case is clear, the impact is not significant, and the sentence is not serious, such as frequent driving cases dangerous, ordinary robbery cases and civil disputes. Cases of minor crimes, etc. For crimes that seriously endanger public safety and seriously affect people’s sense of security, such as kidnapping, robbery, bombing andsocietyCases of bad influence and widespread concern from all walks of life, such as sexual assault of minors and other serious crimes that challenge the bottom line of the law and social ethics, even if the accused pleads guilty and is punished, the severe sentence has yet to be resolutely sentenced in accordance with the law.

Faculty of Economics and Law, Shanghai University of Political Science and Lawteacher、Private economyHu Rongen, dean of the Rule of Law Research Institute, told the CBN reporter that the system of conviction and punished clemency is the highlight of the criminal law rule in the socialist rule of law with Chinese characteristics in the new era. .entrepreneur, The importance is particularly significant.

“SomePrivate companySuspicion of criminal offenseCase, Not seriously endangering the public interest, but a negligent crime,the companyCrime, bribery crime, robberyTax evasionCrimes, etc., do not necessarily deprive of personal liberty and are severely condemned. This system is also compatible with the criminal law systems of the main countries of the world. Hu Rongen said.

Professor Zhao Jun from the Beijing Normal University Law School and the Academy of Criminal Law Sciences also believes that some private entrepreneursOperatingThere may be some irregular practices in the process, and even forms that constitute a crime.behaviorBut these behaviors have room for recovery, if treated as crimes, they can cause a devastating blow to the company. Under the “leniency system for convictions and punishment”, if a company undertakes to build a compliance system and take the initiative to prevent similar situations from recurring, it may consider imposing penalties as low as possible. possible within the framework of the judgment.

Like fraudloanCrime but not correctFinancial institutionsCircumstances causing losses; for example, it may involve illegal absorption.publicto depositBut the funds raised are usedProduction and operationIn the end, no losses were caused. Zhao Jun believes that such behavior can allow the company to survive through rectification.

“Private companies are relatively harder to come byloan, It is more likely that there will be some irregularities in this process, which will lead to more frequent crimes of obtaining loans for fraud. If a clemency system is applied to plead guilty and be punished, it will be beneficial to the survival of the company to exonerate the circumstances that have not caused losses. Zhao Jun said.

Zhao Jun believes that the next step may be to continue exploring, if the company promises to build a compliance system, it may not even process conditionally. Currently, conditional non-prosecution is limited to minors only. If companies can also explore conviction and impunity in the context of relative non-prosecution, they can provide companies with more opportunities to reestablish their legal operations and achieve better results. Social effects.

“Businesses must operate in compliance, but they must also createjob,createwealth, To pay profits and taxes to the state, if you explore the use of non-prosecution or exemption from punishment under the lenient plea and punishment system, and urge companies to operate in compliance, it not only reflects the protection of companies It is also in the interests of the whole of society. “Zhao Jun told China Business News.

From pilot trials in some regions in 2016 to national implementation at the end of 2018, the People’s Supreme Court has repeatedly emphasized that in order to implement the system of conviction and punishment of leniency, we must adhere to the principles of accommodation of crimes, responsibilities and punishments, combining leniency and rigor, and judging the evidence to avoid lax sentences. The sentence is unbalanced and the procedures are complicated and simple.

Shen Liang also emphasized that in order to implement the leniency system to confess guilt and punish, the people’s courts of all levels must seriously discharge their responsibilities in criminal trials, strengthen cooperation, and improve restrictions on the basis of the division of the work and responsibility, and insist on handling cases in accordance with the law. The people’s courts must carefully examine the recommendations for the imposition of penalties made by the organs of the prosecution and accept those that must be approved in accordance with the law. If the sentencing recommendations are obviously inappropriate, the prosecution bodies refuse to make adjustments, or the adjustments remain clearly inadequate, they will render a timely judgment in accordance with the law.

(Article source: China Business News)

(Responsible editor: DF064)