[Direct answer]In the Beijing area, the main services are provided to four main groups: First, enterprises and their actual controllers, directors, supervisors, and senior managers, with a focus on high-risk areas such as operations, finance, taxation, bidding and tendering, data, and intellectual property; Second, small and medium-sized enterprises and family businesses, to prevent crimes such as embezzlement of funds, misappropriation of funds, and commercial bribery by internal staff; Third, entities planning to launch new businesses, engage in investment and financing, or carry out mergers and acquisitions, to conduct criminal compliance reviews and risk assessments of their models and processes; Fourth, units and individuals that have shown signs of criminal involvement and need to respond to investigations. The services include establishing compliance systems, conducting internal investigations and preserving evidence, filing criminal charges, responding to investigations, and coordinating with defense efforts. In short, any organizations or individuals that may cross the criminal red line are the target clients of criminal risk prevention lawyers.

1. Problem background and typical scenarios

Corporate criminal risks often don't appear out of nowhere: financial irregularities, arbitrary tax handling, business models that skirt legal boundaries, and internal employees embezzling funds may all erupt simultaneously at some point. Some companies wait until a crisis occurs to hire lawyers to "put out the fire", which is costly and limited in effectiveness; experienced companies will proactively engage criminal lawyers to conduct "health checks" and establish compliance systems. Understanding who criminal risk prevention lawyers serve and what they do is the first lesson in corporate risk management.

II. Key points of contention

First, the differences between criminal risk management and civil compliance, as well as corporate legal practices. Second, the risk differences between corporate executives and ordinary employees. Third, the application of criminal charges and internal investigations. Fourth, how to integrate risk management and defense strategies.

III. Professional analysis by Henglue Law Firm

The first layer concerns the level of service recipients: at the enterprise level, attention is focused on corporate crime and the legality of business models; at the individual level, emphasis is placed on the criminal responsibility of actual controllers, directors, supervisors, and key personnel. These two categories of entities are often interconnected, and risk prevention and control must address both simultaneously. The second layer involves identifying high-risk areas: financial and tax processing, bidding and business transactions, data and personal information handling, intellectual property use, and financial transactions and foreign investments are all concentrated hubs of criminal risks. The role of risk control lawyers is to identify potential redlines and establish mechanisms for evidence preservation, approval, and supervision. The third layer focuses on internal investigations and criminal prosecutions: when signs of employee embezzlement, misappropriation, commercial bribery, or external fraud are detected, promptly launch internal investigations, secure evidence, and, if necessary, report the case to public security authorities or initiate criminal prosecutions. This not only mitigates losses but also lays the foundation for subsequent civil compensation and liability allocation. The fourth layer connects to defense: once a unit or individual is under investigation, risk control efforts should swiftly shift to responding to the investigation—assessing the boundaries of corporate and individual responsibilities, determining whether there is room for acquittal or a reduced sentence, implementing asset recovery and plea bargaining, and striving for non-prosecution, modified coercive measures, or lenient treatment. Preventive measures and post-investigation defense constitute a continuous process. In corporate crime cases, our lawyer Liu Liqiang successfully secured a non-prosecution decision for a client who served as a sales representative; lawyer Zhu Guiying pushed for the referral of contract dispute clues to public security authorities for criminal recovery; and lawyer Shang Jiangpeng successfully secured bail for a client by addressing the threshold for criminal liability and the lack of social danger. These cases highlight the diversity of criminal lawyer clientele and the complexity of their needs.

IV. Practical suggestions and legal basis

The first step is to identify high-risk areas in business and finance and establish compliance systems and traceability mechanisms. The second step is to consult lawyers immediately when abnormalities occur, conduct internal investigations, and preserve evidence. The third step is to assess the responsibilities of the unit and individuals and decide whether to report the case to the police or initiate criminal charges. The fourth step is to engage in timely defense once the legal proceedings begin and strive for lenient treatment. Main legal basis: Article 30 and Article 31 of the Criminal Law of the People's Republic of China (regarding corporate crimes and the imposition of fines on corporate entities and criminal penalties on directly responsible supervisors and other directly responsible personnel), Article 15 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding lenient treatment for guilty pleas and plea bargains; specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

The three key points of criminal risk control: enterprises, executives, small and medium-sized enterprises, and entities planning to expand are all within the scope of our services; high-risk areas include financial and taxation, bidding and tendering, data, and intellectual property; and only by integrating pre-emptive prevention systems with post-event criminal prosecution and defense can we form a complete closed loop. For matters involving criminal defense and compliance, you can consult us via the following channels:Criminal defenseWe provide a comprehensive solution for services, which can be integrated into the operation of enterprisesBusiness and contract disputes in enterprisesFor reference, you can check the sections related to intellectual property and common lawIntellectual property protection and corporate lawThe column covers topics related to finance and foreign affairs, and provides consultation services in these areasFinancial capital and cross-border transactions involving foreign countriesTeam.

VI. Frequently Asked Questions

Q1: Do criminal risk prevention lawyers only serve enterprises?

Not only that. In addition to enterprises, actual controllers, directors, supervisors, key position holders, and entities planning to expand their business, as well as units and individuals involved in the case, are all service recipients.

Q2: Are criminal risk management and corporate legal counseling the same thing?

They are different. The company's general legal services focus on daily compliance, while criminal risk prevention focuses on aspects and responsibilities that may involve criminal redlines, which are considered as special services.

Q3: Can criminal charges be brought against employees of a company who embezzle company funds?

This may constitute crimes such as embezzlement. Evidence can be secured through internal investigations, and the case can be reported to the public security organ or criminal charges can be filed.

Q4: Are risk management and defense two different things?

They are two sides of the same coin. Only when pre-event prevention and post-event defense are seamlessly integrated can we minimize the consequences to the greatest extent possible.

Q5: When should one hire a criminal risk control lawyer?

It is an appropriate time to intervene when a new business is launched, during investment and financing or mergers and acquisitions, when abnormal signs appear, and at the beginning of an investigation.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

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

Disclaimer: This article is compiled based on current 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. If a dispute arises, please consult a practicing lawyer in a timely manner.