涉职务犯罪企业合规监检衔接路径研究

Research on the Path of Compliance Supervision and Prosecution for Enterprises Involved in Job-Related Crimes

开展涉职务犯罪企业合规,有助于消除企业职务犯罪风险,优化营商环境。但实践中涉职务犯罪企业合规程序运行不畅,多数涉企业职务犯罪案件止步于监察阶段,无法进入检察机关视野,从而无法进行合规整改。即使已经移送检察机关的涉职务犯罪企业,仍然面临着不起诉门槛过高,合规主导权不明以及合规程序不畅等问题。结合《刑法修正案(十二)》对惩治行贿犯罪的相关规定,通过对涉职务犯罪企业合规过程中的启动主导权、合规范围和启动时间等程序关口的梳理,可以构建以监检衔接为核心、以提前介入监察为抓手的涉职务犯罪企业合规路径。

Compliance of enterprises involved in job-related crimes can help eliminate the risk of job-related crimes and optimize the business environment.However,in practice,the compliance procedure of enterprises involved in job-related crimes is not running smoothly,and most of the cases involving job-related crimes in enterprises stop at the supervision stage and cannot enter the view of procuratorial authorities,so that compliance rectification cannot be carried out.Even for enterprises involved in job-related crimes that have been referred to the procuratorial authorities,they still face problems such as high threshold of non-prosecution,unclear compliance dominance and poor compliance procedures.Combining the relevant provisions of the 12th Amendment to the Criminal Law on the punishment of bribery crimes,by sorting out the procedural gates such as initiation authority,compliance scope and initiation time in the process of compliance of enterprises involved in job-related crimes,a compliance path for enterprises involved in job-related crimes can be constructed with supervision and inspection convergence as the core and early intervention in supervision as the grip.