Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.
Whistleblowing and self-reporting
Are whistleblowers protected in your jurisdiction?
The protection available to whistleblowers who report corruption and bribery cases to a people's procuratorate is set out in the Provisions on the Reporting of Crimes to People’s Procuratorates. The provisions include a number of measures which ensure:
- the confidentiality of corruption reports provided to the people's procuratorates (eg, keeping informers’ personal information confidential); and
- the personal safety of informers and their close relatives.
The provisions also provide a reward mechanism for whistleblowers who report crimes to a people's procuratorate.
Is it common for leniency to be shown to organisations that self-report and/or cooperate with authorities? If so, what process must be followed?
The November 2015 amendments to the Criminal Law clarified the conditions under which self-reporting mitigates a party’s liability for bribery-related violations or exempts it from liability – in particular, when the underlying crimes are relatively minor and the offenders have assisted with exposing the corrupt activities of others. Otherwise, offenders who self-report will be entitled to lenient treatment, but cannot be completely exempted from liability.
The draft amendments to the Anti-unfair Competition Law suggest that cooperation credit is available in some cases. More severe penalties are imposed for non-cooperation.
Click here to view the full article.