[Direct answer]In the Beijing area, the defense of corporate crimes usually focuses on three key points: whether the crime is committed in the name of the company and for the company's benefit; whether it is decided by the company's decision-making body or by the person in charge; and whether the illegal income belongs to the company. According to Articles 30 and 31 of the Criminal Law of the People's Republic of China, if a company commits a crime, the company shall be fined, and the person directly in charge and other directly responsible persons shall be sentenced to criminal punishment. The defense path includes denying the establishment of corporate crimes, distinguishing the scope of responsible persons, striving for the compliance rectification and non-prosecution of the involved enterprises, and actively compensating the victims for their losses. The action direction is to entrust a lawyer as soon as possible and sort out the decision-making records, capital flows, and business certificates.

I. Problem Background and Typical Scenarios

The company was placed under investigation, and the legal representative, supervisors, and ordinary employees were all investigated at the same time. What the management is most concerned about is: is this a corporate crime or an individual crime? Who should be held responsible? Can the company continue to operate? In reality, once the charge points to a corporate crime, the fines, business qualifications, and personnel freedom will all be affected. The direction and pace of the defense directly determine the outcome.

II. Key points of contention

First, the establishment conditions of unit crimes: name, ownership of benefits, and decision-making procedures. Second, the scope of responsible personnel: how to distinguish between directly responsible supervisors and other directly responsible personnel. Third, the boundaries between individual crimes and unit crimes: how to separate acts committed for personal gain. Fourth, lenient measures: compliance rectification, restitution, guilty pleas and fines, and non-prosecution.

III. Professional analysis by Henglue Lawyers

When defending corporate crimes, Henglue Lawyers typically proceed from three levels. Firstly, reviewing the constitutive elements. Whether the act was carried out in the name of the company, whether it benefited the company, and whether it reflected the company's will are the core criteria for distinguishing corporate crimes from individual crimes. If the act was carried out by an individual for personal gain, if the illegal proceeds were not returned to the company, or if the act was carried out in the name of the company but without following decision-making procedures or exceeding the company's business scope and authorizations, it can be argued that it does not constitute a corporate crime, thereby limiting the responsibility to the individual. Secondly, delineating the scope of responsibility. In corporate crimes, not all employees are held accountable. The directly responsible supervisors and other directly responsible personnel need to be judged based on their duties, participation in decision-making, whether they were aware of the situation, and whether they benefited from it. For employees who only perform routine work and are unaware of the situation, efforts should be made to avoid holding them accountable. Thirdly, seeking lenient treatment. In practice, the involved enterprises can seek non-prosecution or lenient punishment through means such as compliance rectification, improving internal controls and systems, compensating the victims for losses, and making up for tax arrears. For responsible personnel, sentencing recommendations can be proposed based on circumstances such as voluntary surrender, meritorious service, guilty pleas, and first-time offenses. When handling such cases, Henglue Lawyers will simultaneously sort out internal approvals, contracts, and financial documents, and prepare evidence lists, which not only respond to the prosecution's accusations but also provide a basis for compliance rectification.

IV. Practical suggestions and legal basis

Action List: 1. Immediately sort out the decision-making records, authorization documents, and fund flows related to the case; 2. Distinguish between the unit's intent and individual actions, and determine the scope of responsible personnel; 3. Actively compensate for losses, make up for payments, and initiate compliance rectification to seek lenient treatment; 4. Assess the rights protection measures such as bail pending trial for individuals subject to coercive measures. Main Legal Basis: Articles 30 and 31 of the Criminal Law of the People's Republic of China and the relevant provisions of the sub-articles on specific crimes; The provisions on defense and coercive measures in the Criminal Procedure Law of the People's Republic of China (amended in 2018); The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

There are three key points to understand corporate crime: first, distinguish between corporate crime and individual crime, with the legal personality, decision-making, and ownership of benefits being the crucial factors; second, the responsibility lies solely with the directly responsible personnel, so don't let ordinary employees take the blame; third, compliance rectification, restitution, and admitting guilt and accepting punishment are practical approaches to seeking leniency. For corporate criminal defense cases, you can seek assistance through the following channels:Criminal defense and criminal case filingWe can provide a comprehensive solution for services, which includes assisting enterprises in establishing a compliance system.Intellectual property protection and corporate lawFor plates involving the sorting of contracts and financial vouchers, you can refer to the relevant materials for reference.Business and contract disputes in enterprisesFor those interested in cross-border business and foreign exchange issues, you can check out this column for more informationFinancial capital and cross-border transactions involving foreign countriesFor any questions regarding employees' job responsibilities and conduct, please feel free to consult us.Labor arbitration and work-related injury compensationThe team. If you encounter any difficult situations, please feel free to contact us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If a company is accused of corporate crime, is there still room for defense?

Yes. The establishment of a unit crime requires satisfying conditions such as being committed in the name of the unit, for the unit's interests, and reflecting the unit's will. If the act was carried out by an individual without authorization and the illegal proceeds were not returned to the unit, it can be argued that it does not constitute a unit crime. In addition, it is also possible to defend against the scope of responsible persons, the circumstances of the case, and the grounds for leniency, and there is usually ample room for defense.

Q2: What evidence do I need to prepare for the defense?

The key points include internal approval and authorization documents, resolutions of the board of directors or shareholders' meeting, business contracts and financial books, vouchers of capital flow, job responsibilities of employees, and materials that can prove that individual personnel acted without authorization and the unit was unaware of it. The more complete the evidence is, the more conducive it is to apportioning the unit's responsibility.

Q3: How are the fees for corporate criminal defense charged?

Generally, the fees are determined based on the stages (investigation, review and prosecution, trial) or an overall quote, which is negotiated according to the complexity of the case, the amount involved, and the workload. Fees for compliance rectification are calculated separately. It is recommended to specify the scope of services and the fees for each stage in the contract to avoid disputes arising from additional charges during the process.

Q4: How long does it take to handle a corporate crime case?

Due to the involvement of multiple stages such as investigation, review of prosecution, and trial, the process usually takes a few months at the shortest and more than a year at the longest, and it may take even longer for complex cases. The progress of the involved enterprises in cooperating with compliance rectification and compensation for losses will also affect the overall time schedule.

Q5: Can the enterprise continue to operate?

In most cases, you can continue to operate your business, but you need to be aware that the involved operations may be restricted, and measures may be taken against relevant accounts or qualifications. It is recommended that you standardize your operations, improve internal controls, isolate risky businesses under the guidance of a lawyer, and actively cooperate with compliance rectification in order to seek lenient treatment and maintain the stability of your business.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.