"In the future, we will only earn peace of mind money!"

Procurators, people's congress deputies, and others went to the enterprises involved in the case to inspect the compliance and rectification of the enterprises.

"Through compliance rectification, we have checked the risk points existing in the enterprise, established and improved the management system, and we must seriously learn lessons in the future production and operation, and only make money with peace of mind!" Recently, during a field visit to an enterprise organized by the procuratorate of Nantong City, Jiangsu Province, Shi Mou, the person in charge of the enterprise involved in the case, deeply reflected on the visitors.

Shi Mou, a Chinese-American, came to Rugao City in 2011 through investment promotion and founded a new material technology company. In recent years, the company has been promoted to a 100 million yuan enterprise and pays nearly one million taxes every year. The company's operation is smooth, but Shi Mou has moved his "crooked brain", in order to deduct more taxes, he arranged for the company's cashier Liu to pay the invoice fee, falsely issued 54 special VAT invoices, and deducted more than 440,000 yuan in taxes. After the incident, the Rugao Municipal Public Security Bureau filed a case against the company and Shi Mou and 4 other people. Because Shi was a foreigner, the case was transferred to the Nantong Municipal Procuratorate for review and prosecution in March this year.

After the case was accepted, the Nantong Municipal Procuratorate did not settle a lawsuit, but conscientiously implemented the criminal justice policy of less arrest, cautious prosecution and caution, and guided the companies involved in the case to carry out compliance work from the perspective of serving and ensuring the healthy development of private enterprises. The court assesses the impact of case handling, formulates and issues procuratorial suggestions for enterprise risk points, organizes third-party personnel to visit enterprises on the spot to supervise the implementation of compliance plans, contacts tax accountants and accountants to conduct special training for enterprise employees, and irregularly inspects the rectification of enterprises... Now that the three-month rectification period has arrived, the Nantong Municipal Procuratorate has decided to hold a public hearing on the case, inviting 5 people, including provincial and municipal people's congress deputies, the Foreign Affairs Office of the Nantong Municipal Government, the Nantong Federation of Industry and Commerce, and the Rugao Municipal Taxation Bureau, to serve as witnesses.

Before the hearing officially began, in order to allow the hearing officers to more intuitively understand the compliance rectification of the enterprises involved in the case, so as to make an accurate judgment on the procuratorial organs' proposed non-prosecution opinions, Tang Xudong, deputy procurator general of the Nantong Municipal Procuratorate, led 5 hearing officers to go deep into the company involved in the case to conduct on-site inspections. So there's the scene at the beginning of this article.

Tang Xudong and his party inquired in detail about the current production and operation of Shi's enterprise and the rectification of problems, consulted the relevant rules and regulations of the company, asked questions about the employees of the enterprise on the compliance issues of the enterprise, and listened to the opinions of the responsible person of the local government. The person in charge said that the enterprise involved in the case solved the employment problem of the surrounding labor force, and was also enthusiastic about public welfare undertakings, and made charitable donations many times, this crime is a first-time offender, and I hope that the procuratorial organs can deal with it leniently.

At the subsequent public hearing on the proposed non-prosecution, Zhang Aodong, the procurator handling the case, introduced the facts of the case, the determination of evidence, and the circumstances of admitting guilt and accepting punishment, and expounded the legal basis for the application of the law and the proposed relative non-prosecution. The amount of the crime in this case has just reached the standard for prosecution, and after the case occurred, the enterprise involved in the case has paid all the taxes, the circumstances of the crime are minor, the suspect unit and the criminal suspect involved in the case have surrendered and confessed the circumstances, and they all admit guilt and accept punishment, and the procuratorial organ intends to deal with it without prosecution.

Representatives of third-party organizations reported on the compliance rectification of the enterprise from the aspects of checking compliance risk points, building a compliance system, improving the compliance system and supporting compliance effective measures, "After many inspections, we unanimously believe that the compliance culture of the enterprise has gradually formed, and the plan formulated by compliance has been better completed, and good results have been achieved and passed our audit." ”

"This morning, we inspected the enterprises involved in the case on the ground and saw the sincerity and effectiveness of the rectification of the enterprises. Procuratorial organs take the initiative to perform their duties, help enterprises return to the right track, and realize the organic unity of legal effects and social effects. At the meeting, She Liutao, a deputy to the People's Congress of Jiangsu Province and senior agronomist of the Rugao Sericulture Technical Guidance Station, said.

After closed-door discussion, the five hearing officers unanimously agreed that the procuratorial organs implemented the criminal policy of blending leniency and severity, promoted the legal and compliant operation of enterprises, comprehensively considered the good situation of enterprise compliance rectification, and agreed that the procuratorial organs should not prosecute.

After the hearing, the procurator of the Nantong Municipal Procuratorate announced the decision not to prosecute to the criminal suspect unit and the four criminal suspects involved in the case.

【Source: Procuratorial Daily】

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