Abstract: The lack of procedural rules for prosecuting crimes committed by an entity has undermined law enforcement and rights protection. As the Chinese Criminal Procedure Law undergoes its fourth revision, establishing dedicated procedures for crimes committed by an entity as a standalone chapter in the Special Procedures section of the Law has become imperative. New procedures should emphasize rectification, rehabilitation, and guidance while upholding lawful punishment and equal treatment. Key balances must be struck between public interests and entity reputation, business continuity and secrecy protections for the state and the entity, while avoiding undue economic interference. In  proceedings for crimes committed by an entity, the entity and responsible individuals must be prosecuted jointly. The entity’s representative in joint litigation should be selected through the “self-nomination first, official appointment afterwards” principle, avoiding role conflicts and extending eligibility to external professionals such as lawyers. Such representatives in joint litigation should exercise  procedural rights and obligations on behalf of the entity. The plea leniency system applies to crimes committed by an entity, with conditional non-prosecution permitted for minor offenses after verified  rectification. Jurisdiction, defense mechanisms, and compulsory measures should systematically incorporate relevant judicial interpretations to ensure procedural coherence in litigation involving  crimes committed by an entity.

Keywords: crimes committed by an entity; representative in joint litigation; compulsory  measures; prosecute jointly; conditional non-prosecution 

Author: Dong Kun, research fellow, CASS Institute of Law; professor and doctoral supervisor, Law School of the University of CASS;

Source: 3 (2025) China Journal of Applied Jurisprudence.