[Direct answer]In the Beijing area, it's possible, but subject to certain conditions and the completion of compliance rectification. Under the compliance reform for enterprises involved in criminal cases, for cases where the units or business operators are suspected of committing crimes, plead guilty, accept the punishment, and promise to carry out compliance rectification, the procuratorial organs may apply the third-party supervision and evaluation mechanism, and professional organizations will evaluate the rectification situation. If the rectification is satisfactory and the circumstances are relatively minor, the procuratorial organs may decide not to prosecute according to law, or propose lenient sentencing recommendations for the responsible persons. Whether to decide not to prosecute depends on the nature and circumstances of the crime, whether the suspect pleads guilty and accepts the punishment, whether the compliance rectification is in place, and the degree of social harm.

I. Problem Background and Typical Scenarios

In business operations, enterprises may face criminal cases due to issues such as finance, taxation, environmental protection, and data compliance. Once convicted, the enterprise may lose its qualification to participate in bidding and tendering, face operational difficulties, and its employees may also face unemployment. Enterprises hope to "be able to pay fines and make rectifications to avoid prosecution". The compliance reform for enterprises involved in criminal cases is designed for such situations: it provides a path for enterprises willing to make rectifications and with relatively minor circumstances to achieve compliance and avoid criminal prosecution, but it is not a "money-for-impunity" scheme, and it is not applicable to all cases.

II. Key points of contention

First, which cases can apply for compliance inspections? Second, how does the third-party supervision and evaluation mechanism operate? Third, what is the relationship between passing the rectification and not being prosecuted? Fourth, what are the inapplicable circumstances and risk warnings?

III. Professional analysis by Henglue Law Firm

First Level: Applicable Conditions: Generally applicable to cases involving corporate crimes, or crimes committed by the actual controllers, management personnel, or key technical staff of enterprises that are closely related to their production and business activities; provided that the suspects admit their guilt and are willing to accept punishment, the enterprise is able to resume normal production and operations, and meets the conditions and willingness to carry out compliance rectification. The case should not fall into the category of extremely serious crimes, pose great social harm, or warrant severe punishment according to law. Second Level: Operation of the Third-Party Supervision and Evaluation Mechanism: The procuratorial organ invites relevant departments to establish a third-party mechanism management committee, select members from a list of professional personnel to form a third-party organization, and conduct supervision and evaluation of the enterprise's compliance plan and rectification implementation. The enterprise is required to establish a compliance system, address loopholes, and deal with non-compliant personnel within a specified probationary period, and accept inspections and reports. Third Level: Relationship between Rectification and Non-Prosecution: If the third-party organization evaluates the rectification as satisfactory, the procuratorial organ may consider the effectiveness of the compliance rectification as an important reference for legal handling, and issue a non-prosecution decision for those meeting statutory conditions or propose lenient sentencing recommendations for responsible persons. If the evaluation is unsatisfactory or the rectification is perfunctory, the case will be prosecuted according to law. Compliance is not a formality. Superficial compliance or compliance for the sake of formalities is usually difficult to pass the evaluation. Fourth Level: Non-Applicable Circumstances and Risks: Cases involving crimes endangering national security, terrorist activities, or extremely serious crimes that warrant severe punishment are generally not applicable. If the enterprise harbors the idea of "admitting guilt to avoid prosecution and then resuming business as usual," the evaluation process will often expose this intention. Henglue advises that involved enterprises should engage professional lawyers as early as possible to assess the applicability of this mechanism and simultaneously carry out substantive compliance construction to ensure the effectiveness of the rectification, thereby increasing the likelihood of obtaining a non-prosecution decision or lenient treatment. When handling such cases in Beijing, the procuratorial organ will focus on reviewing the authenticity and sustainability of the rectification.

IV. Practical suggestions and legal basis

The first step is to assess as early as possible whether the case falls within the scope of compliance reform and clarify the direction. The second step is to plead guilty and accept punishment and formulate a feasible compliance plan to avoid superficial rectification. The third step is to hire professional forces to carry out compliance construction and cooperate with the supervision and evaluation of third-party organizations. The fourth step is to fully present the rectification effect and system results as the basis for not prosecuting or giving lenient punishment according to law. The main legal basis includes the provisions of the Criminal Procedure Law of the People's Republic of China on leniency for pleading guilty and accepting punishment and non-prosecution, and relevant provisions of the Supreme People's Procuratorate on carrying out compliance reform for enterprises involved in cases and the Guidelines for Establishing a Third-Party Supervision and Evaluation Mechanism for Enterprises Involved in Cases (Trial). The specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

There are three key points to consider when deciding whether to prosecute a company for non-compliance: First, admitting guilt and accepting punishment, along with substantive rectification, are the foundation for non-prosecution. Paper-based compliance alone won't pass the evaluation. Second, serious crimes and cases involving strict punishment according to the law are generally not eligible for non-prosecution. Third, whether to non-prosecute depends on the circumstances of the case, the effectiveness of the rectification, and the harm to society. For cases involving corporate compliance and criminal defense, you can consult with us through the following channels:Criminal defense and criminal case filingFor services involving corporate governance and general legal matters, clients can opt for a comprehensive solution that integrates these two aspects.Intellectual property protection and corporate lawFor the sections related to contracts and operations, you can refer to the following for reference:Business and contract disputes in enterprisesFor any questions or difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can all corporate crimes be dealt with through non-prosecution in compliance with regulations?

No. It is generally applicable to unit crimes or operator crimes related to production and operation, with relatively minor circumstances and the offender admitting guilt and accepting punishment; it is not applicable to cases where the crime is extremely serious, causes great harm to society, or is subject to strict punishment according to law.

Q2: Is compliance just about paying some fines?

No. Compliance requires establishing and implementing systems, plugging loopholes, dealing with non-compliant personnel, and accepting third-party supervision and evaluation. Paper-based rectifications and punishments in lieu of corrections usually fail to pass the evaluation and are unlikely to result in non-prosecution.

Q3: Who will conduct the third-party evaluation?

The Management Committee of the Third-Party Mechanism selects professionals from the directory of professionals to form a third-party organization, which supervises and evaluates the implementation of compliance plans and rectification measures. The evaluation opinions are an important reference for the procuratorial organs to handle cases.

Q4: If the rectification meets the requirements, will there definitely be no prosecution?

Not necessarily. The effectiveness of the rectification is an important reference for handling the case according to law. Whether to file a case or not also depends on comprehensive considerations of the circumstances of the crime, the defendant's admission of guilt and punishment, and the harm to society. For more serious cases, the defendant may still be prosecuted but receive lenient treatment.

Q5: When should I hire a lawyer to get involved?

The earlier, the better. After the case is filed, we should evaluate the possibility of applying the law, formulate a compliance plan, and fix favorable circumstances. The earlier we start substantive rectification, the more conducive it will be to obtaining a non-prosecution or a lenient sentencing recommendation.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.