Translator：Zhang Xiaotong

On April 24, 2023, Shanghai Normal University held the "Shangshi（Shanghai Normal University） Law Lecture" at its Xuhui Campus. The event was hosted by Professor Jiang Chuanguang, Dean of the School of Philosophy and Law at Shanghai Normal University, and the keynote speech was delivered by former Senior Judge of the Supreme People's Court, Hu Yunteng. Pu Tian, a lawyer from Shanghai Landing Law Offices, was invited to participate.

Judge Hu Yunteng's lecture was themed "Several Issues on Comprehensive Promotion of Corporate Compliance from the Perspective of the Court." He provided an insightful presentation on the value of establishing criminal compliance in enterprises, the legal and theoretical basis for "non-prosecution of criminal compliance," the conditions for conducting criminal compliance, typical cases of prosecutorial authorities handling corporate criminal compliance, the role and position of courts in implementing criminal compliance, and more.

Judge Yu Xiaohai from the Research Office of the Shanghai High People's Court and Professor Cheng Lanlan from the School of Law at Shanghai Normal University engaged in discussions on issues related to corporate criminal compliance.

Lawyer Pu Tian raised two points during the discussion:

When a company's actions constitute a crime, under the "non-prosecution of compliance" policy, prosecution can be avoided. However, whether not prosecuting a crime that has been committed contradicts the principle of legality of crimes and punishments, and how such conflicts can be resolved in judicial practice.

When there is a dispute over whether a company's actions constitute a crime, not pleading guilty may result in prosecution, while pleading guilty could mean forfeiting the opportunity for statutory non-prosecution. Faced with pressure, is there a possibility of companies voluntarily admitting guilt despite being innocent in reality? How can this situation be avoided in judicial practice?

Judge Hu Yunteng provided detailed analyses of these questions based on the judicial practice of criminal compliance.

The event lasted for two hours. Distinguished speakers from the perspectives of judges, professors, and lawyers objectively analyzed the connection between criminal compliance and criminal law, criminal procedure law, the integration of criminal compliance theory and judicial practice, and the specific implementation of criminal compliance in judicial practice. Through sharing, the attendees gained a more comprehensive understanding of corporate criminal compliance. The conference concluded successfully in an enthusiastic atmosphere.