November 26, the Launch Ceremony & First Joint Meeting of the Beijing Management Committee on the Third-Party Supervision and Evaluation Mechanism for the Compliance of Enterprises Involved in Criminal Cases was held. CCPIT Beijing opted in to the Mechanism as one of the Committee’s 12 members.
For procuratorial organs, the Mechanism is an important element of the pilot reform (Phase II) on corporate compliance. While exercising their right to decide against arrest or prosecution according to law or propose a lighter sentence based on the plea leniency system, procuratorial organs are expected to urge the enterprises suspected of specific crimes to make compliance promises and proactive corrections in line with the realities. Starting March 2020, the Supreme People’s Procuratorate piloted the corporate compliance reform (Phase I) at six local procuratorates including Pudong (Shanghai). To further improve and deepen the reform, on June 3, 2021, the Supreme People’s Procuratorate, together with the Ministry of Justice, the Ministry of Finance, the Ministry of Ecology and Environment, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration of Taxation, the State Administration of Market Supervision and Administration, the All-China Federation of Industry and Commerce, and CCPIT, formulated the Guiding Opinions on Establishing a Third-Party Supervision and Evaluation Mechanism for the Compliance of Enterprises Involved in Criminal Cases (Trial), and kicked off the Phase II pilot reform.
According to the Mechanism, third-party supervision and evaluation organizations duly selected and appointed by the Committee shall monitor and evaluate how the enterprises involved in criminal cases have delivered on their commitment promises. The evaluation results serve as an important reference for case handling by the procuratorates. As one of the pilot areas of the Phase II pilot reform, Beijing has vigorously implemented the Mechanism and promptly initiated the development of its own third-party supervision and evaluation mechanism and supporting provisions. CCPIT Beijing advised on all the three exposure drafts of the capital city’s mechanism. After five months of preparation, the Beijing Management Committee came into existence and issued the official documents concerned.
At its first joint meeting, the Committee went into details about the Measures of Beijing for Implementing the Third-Party Supervision and Evaluation Mechanism for the Compliance of Enterprises Involved in Criminal Cases (Trial) and two supporting documents. The Committee also deliberated on its own composition as well as the selection and appointment of third-party professionals, and passed the resolution concerned.
Next, CCPIT Beijing will perform its duties as a Committee member. It will promptly start the pooling and recommendation of professional supervisors and evaluators from third parties, in an effort to facilitate the smooth implementation of the Mechanism. CCPIT Beijing will also take the Mechanism as an opportunity to promote the construction of its own commercial legal service system, strengthen the city’s corporate compliance, and contribute to the law-based business environment and Beijing’s high-quality socioeconomic development.
(Source: CCPIT Beijing)
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