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The Frontiers of Society, Science and Technology, 2023, 5(7); doi: 10.25236/FSST.2023.050717.

Research on the Impact of the Deferred Prosecution Agreement System on the Establishment of Corporate Compliance Program


Jingrui Yan

Corresponding Author:
Jingrui Yan

Law School, Beijing Normal University, Beijing, 100091, China


The deferred prosecution agreement system, which originated in the United States, is gradually accepted by Britain, France, Canada, Australia and other countries, and is regarded as an important way to deal with corporate crime cases. Taking the development of deferred prosecution agreement system as a lesson, it is of great significance to improve the system of unit criminal responsibility in China, which will change the judicial practice that China pays attention to individual crimes and ignores unit crimes, promote the popularization and maturity of corporate compliance program, and effectively prevent and punish unit crimes. Under the influence of COVID-19 epidemic, the urgent need to restore economic development and strengthen special protection for private enterprises and entrepreneurs has become a criminal justice concept generally accepted by judicial organs in China. This paper discusses the influence of deferred prosecution agreement system on the construction of corporate compliance program and puts forward the construction ideas for the specific content of deferred prosecution system in China, including the applicable object, applicable conditions, compliance inspection and the specific setting of deferred prosecution procedures. Although the focus of this paper is to study the impact of the deferred prosecution agreement system embedded in China's criminal proceedings on the construction of corporate compliance program in China, however Nowadays corporate compliance involves and has already extends beyond criminal law to include administrative law, civil law, industry rules and business ethics. Therefore, this paper also calls for attention from other perspectives from the perspective, i.e., from the perspective of administrative law, there is also great value in establishing a reduction, exemption and deferred punishment system for enterprises who violate laws. We must propose solutions with Chinese characteristics according to China's national conditions and status and help Chinese enterprises to build corporate compliance plans and programs.


Deferred prosecution agreement; Corporate compliance program; Corporate crime

Cite This Paper

Jingrui Yan. Research on the Impact of the Deferred Prosecution Agreement System on the Establishment of Corporate Compliance Program. The Frontiers of Society, Science and Technology (2023) Vol. 5, Issue 7: 95-101. https://doi.org/10.25236/FSST.2023.050717.


[1] Baugh M, Boone J P, Khurana I K, et al. Did the 2005 Deferred Prosecution Agreement Adversely Impact KPMG's Audit Practice? [J]. Auditing A Journal of Practice & Theory, 2018, 38(1):77-102.

[2] Rita C. Deferred Prosecution Agreements: Cooperation and Confession [J]. Cambridge Law Journal, 2018, 77(01):12-15.

[3] Flore C, Kolaric S, Schiereck D. Settlement agreement types of federal corporate prosecution in the U.S. and their impact on shareholder wealth[J]. Journal of Business Research, 2017, 76(JUL.): 145-158.

[4] Peter Reilly. Corporate Deferred Prosecution as Discretionary Injustice [J]. Utah Law Review, 2017, 2017(5):1-1.

[5] King C, Lord N. Deferred prosecution agreements in England and Wales: castles made of sand? [J]. Public Law, 2020(April):307-330.

[6] Andrea Amulic. Humanizing the Corporation While Dehumanizing the Individual: The Misuse of Deferred-Prosecution Agreements in the United States [J]. Michigan Law Review, 2017, 116(1): 123-123.

[7] Chen R. Deferred prosecution agreement system from the perspective of enterprise compliance [J]. Comparative Law Research, 2020(1):18.

[8] Wang K. The United States federal court review criteria for deferred prosecution agreement on corporate crime [J]. China Prosecutor, 2022(20):5.

[9] Rong J. The origin, effect and reference of deferred prosecution system in French criminal compliance [J]. Comparative Law Research, 2022(3):58.

[10] Tao L. Research on the Pre-trial Transfer Agreement of American Corporate Crime [J]. Financial Law, 2020(2):14.

[11] Zhang Y. The new path of corporate crime prosecution: centered on American deferred prosecution agreement [J]. Journal of Suzhou University: Law Edition, 2020, 7(3):15.