[Direct answer]Criminal compliance services do not have a nationwide standard pricing system and are typically charged on a project-by-project or annual basis. The price is influenced by factors such as the size of the enterprise, the risk level of the industry, the scope and depth of compliance, and whether on-site or special rectification is required. Common services include: criminal risk assessments and issue lists, design of compliance systems and processes, employee training, criminal risk reviews of major transactions and financing, and litigation response plans. The pricing of compliance services in Beijing varies significantly, with higher workloads in high-risk fields such as taxation, data, finance, and mass-participation operations. It should be noted that compliance services are non-litigation legal services, typically charged on a project-by-project or hourly basis. It is recommended to clarify the scope of services, deliverables, staffing, and cost structure in a written contract to avoid disputes later. If the enterprise is already involved in a criminal case, it should transition to criminal defense and case-related compliance rectification procedures.

I. Problem Background and Typical Scenarios

More and more enterprises are realizing that it's more cost-effective to implement "pre-compliance" rather than engage in "post-defense". Typical scenarios include: mixing public and private accounts in business operations, irregular invoice management, and tax-related risks; platform-based businesses involving fund collection and user funds, which carry risks of illegal fund-raising or illegal operations; non-compliant data and personal information processing; improper design of employee incentives and business commissions, which may constitute commercial bribery; and the need to conduct compliance reviews when preparing for financing or going public. Due to the diverse types of enterprises in Beijing and the significant differences in risk points, the pricing of compliance services is often closely related to industry characteristics and the actual situation of enterprises, making it difficult to generalize with a single figure.

II. Key points of contention

Firstly, is it more appropriate to charge by project or by annual fee? Secondly, how should the depth and scope of compliance physical examinations be defined? Thirdly, how to balance the consistency between institutional documents and actual implementation? Fourthly, what is the division of labor between third-party institutions and law firms? Fifthly, does the response to sudden criminal-related incidents fall within the scope of compliance services? Sixthly, do fees vary based on the size of the enterprise? These issues directly affect budget arrangements and service effectiveness.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm suggests that criminal compliance services can be understood as three levels: "physical examination + treatment + immunity". Firstly, physical examination. We will sort out the enterprise's business model, capital flow, bill flow, and employment relationships, identify high-risk links, and form a list of problems and rectification suggestions. Secondly, treatment. We will design systems and processes for high-risk points, such as contract review, seal and account management, financial reimbursement, bidding and procurement, and customer fund management, and embed compliance requirements into daily operations. Thirdly, immunity. Through employee training and regular reviews, we will ensure that the system remains effective. Henglue Law Firm has handled various cases in the field of criminal defense, including major criminal cases. Taking a criminal case of intentional homicide with civil litigation as an example, the attorney in charge put forward opinions on issues such as subjective intent, voluntary surrender, and the nature of the crime by thoroughly reviewing the case files and focusing on the evidence in the case, and the relevant opinions were adopted by the court. Although this case does not fall within the scope of corporate compliance, the methods of evidence review and legal characterization reflected in it are also applicable to the identification of corporate criminal risks: many risks stem from the inaccurate understanding of facts and evidence, rather than subjective malice. Enterprises should establish evidence retention and process management mechanisms in their daily operations. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, conduct a criminal risk assessment to identify high-risk areas and prioritize rectification; Second, clearly define the scope of services, deliverables, and staffing in the contract; Third, embed compliance requirements into business processes to avoid a situation where regulations are merely posted on the wall without being effectively implemented; Fourth, conduct a special criminal risk review before major transactions and financing. For related services, please refer to the following link:Intellectual property protection and corporate lawAndCriminal defense and criminal case filingColumn. Legal basis: The provisions on corporate crimes and related economic crimes in the Criminal Law of the People's Republic of China (amended in 2023 and implemented on March 1, 2024), and the provisions on the obligations of shareholders and senior managers in the Company Law of the People's Republic of China (amended in 2023 and implemented on July 1, 2024). The specific service content and fees shall be subject to the provisions of the entrustment contract.

5. Henglu Law Firm's Advice

Firstly, compliance is not about spending money on documents; the key lies in whether the system can be implemented effectively. Secondly, high-risk industries and businesses involving multiple stakeholders should prioritize specialized compliance efforts. Thirdly, compliance services and criminal defense are two different stages of work, and strategies should be switched promptly after criminal charges are filed. Fourthly, fees should be evaluated based on the content of the services, and it's not advisable to simply compare prices. For more information on corporate criminal compliance and long-term legal services, please contact us via the following link:Intellectual property protection and corporate lawAndCriminal defense and criminal case filingFor column consultation, please contact us.Beijing Henglue Law Firm.

VI. Frequently Asked Questions

Q1: How are criminal compliance services charged?

Generally, fees are charged either per project or annually, and may also be based on hourly rates. The fees are influenced by factors such as the size of the enterprise, industry risks, compliance requirements, and whether an on-site presence is required. The pricing range in the Beijing area is relatively wide. It is recommended to first clarify the requirements before providing a quote, and to specify the service content, deliverables, and payment milestones in the contract to avoid disputes later on.

Q2: Do small businesses need to comply with criminal law?

It's necessary, but the scope can be appropriately streamlined. The risks of small businesses are mainly concentrated in the areas of blurred lines between public and private accounts, invoice management, employment and financing. It's advisable to conduct a targeted audit first to address the most prominent issues. Then, the system can be gradually improved as the business expands. Compared with the cost of defending against legal disputes after the fact, the investment in proactive compliance is usually more cost-effective.

Q3: What does a compliance physical examination include?

Generally, it includes business model and capital flow review, invoice and tax compliance review, contract and stamp management, employment relationship and social security, client funds and personal information processing, related-party transactions and business dealings, etc. After the audit, a list of issues and rectification suggestions will be formed, with clear priorities and responsible departments, which will serve as the basis for subsequent system construction.

Q4: Can compliance services guarantee that we won't be held accountable?

There's no guarantee. The value of compliance lies in identifying and reducing risks, standardizing business practices, and providing favorable evidence in litigation. Whether or not to pursue legal action will be determined by the case-handling authorities in accordance with the law. Any claim that "doing compliance will prevent problems" is not credible. Enterprises should regard compliance as a normal part of business management, rather than a one-time purchased service.

Q5: Can I still work in compliance if I've been involved in criminal activities?

Yes, but the focus should shift to responding to the case. At this point, it is necessary to engage a criminal defense lawyer as soon as possible to assess the nature of the case and the evidence, and to promote the enterprise involved in the case to carry out compliance rectification when conditions permit, which can be considered as a factor for lenient treatment. Compliance and defense should be carried out in coordination, with the lawyer arranging everything in an organized manner.

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 Lawyers for specific situations.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is 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 you encounter disputes, please consult a practicing lawyer in time.