国际比较法律指南:商务犯罪之中国章节(英)-14页_650kb
报告摘要
Authorities
- Prosecution: Procuratorates lead.
- Investigation: PSB handles most cases; Supervisory Commissions handle duty-related crimes; Military Security handles military cases.
- Jurisdiction: Based on location or crime-preponderance; disputes resolved via negotiation or higher authority designation.
Referral and Cooperation
- PSB, Procuratorates, and Supervisory Commissions cooperate with foreign authorities, joining conventions and signing bilateral treaties.
Law Enforcement Powers
- Include interrogating suspects, interviewing witnesses, inspecting sites, searching premises, seizing documents/property, and technical investigations during criminal investigations.
Corporate Liability
- Companies can be held liable alongside individuals.
- Successor liability applies to acquisitions; predecessor's criminal responsibility remains with the successor entity's inherited property.
Leniency and Compliance
- Corporate compliance reforms promote voluntary surrender and cooperation; dual penalties for companies and individuals.
Defenses
- Ignorance of law or facts may be defenses under specific circumstances, with burden on defendant to prove lack of knowledge.
Appeals
- Both verdicts and sentences can be appealed.
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