论涉罪企业合规的刑行衔接

On the connection between criminal justice and administrative lawenforcement for suspected corporate compliance

涉罪企业合规刑事司法与行政执法的有效衔接,是企业合规预防违法犯罪功能得以完整实现的必然要求。企业合规刑行衔接关涉刑事合规整改监督评估衔接、合规不起诉后的接续监管衔接以及其他相关企业合规建设衔接三个方面。为保障刑事合规企业合规预防功能、激励功能的充分实现,检察机关需要与行政机关加强理念沟通、操作配合,优化刑行衔接机制,推动涉罪企业及关联企业、行业企业的合规建设。

The effective connection between criminal justice and administrative law enforcement for suspected corporate compliance is an inevitable requirement for the complete realization of the crime preventive function of corporate compliance.The connection between criminal justice and administrative law enforcement for corporate compliance involves three aspects:the connection between supervision and evaluation of criminal compliance rectification,the connection between subsequent supervision after compliance and non-prosecution,and the connection between other related constructions of corporate compliance.In order to ensure the full realization of the preventive and incentive functions of criminal compliance and corporate compliance,the procuratorate needs to strengthen conceptual communication and operational cooperation with administrative agencies,optimize the connection mechanism between criminal justice and administrative law enforcement,and promote the compliance construction of suspected enterprises,affiliated enterprises and industrial enterprises.