延长合规不起诉考察期限的实践检视与进路

The Practical Review and Approach of Extending the Inspection Period of Compliance Non-Prosecution

根据现行《刑事诉讼法》规定的办案期限,检察机关适用企业合规不起诉模式面临着难以为大型涉案企业设置合理合规考察期的问题。对此,试点地区检察机关只能依据法定侦查和取保候审的期限设计延长合规考察时间的方案,但事实证明这样的方案无法满足大型涉案企业合规整改的合理期待。因此,合规不起诉考察期限的设计应当同时满足大型和小微型涉案企业的合规考察需要,根据不同情况将考察期限设置为6个月以上3年以下的弹性期间。

According to the case handling period stipulated in the current Criminal Procedure Law,the procuratorial organs are faced with the problem that it is difficult to set a reasonable compliance inspection period for large enterprises involved in the case in the application of enterprise compliance non-prosecution.In this regard,the procuratorial organs in the pilot areas could only design a scheme to extend the compliance inspection time according to the statutory investigation period and the bail waiting period,but facts have proved that such a design can not meet the reasonable expectations of large enterprises involved in the case for compliance rectification.Therefore,the design of the compliance non-prosecution inspection period should meet the compliance inspection needs of both large and small enterprises involved in the case,and the inspection period should be set as a flexible period of more than 6 months and less than 3 years according to different circumstances.