[Direct answer]In the Beijing area, it typically covers three aspects: pre-event prevention and control, response during the event, and post-event rectification. Criminal compliance services aim to help enterprises and individuals prevent criminal law risks and strive for favorable outcomes when involved in legal cases. The main content includes: first, identifying and assessing criminal risks, sorting out high-risk points in business models, financial transactions, and internal controls, such as commercial bribery, embezzlement of duties, tax-related issues, bidding and tendering, data and environmental protection, and smuggling; second, establishing compliance systems, helping enterprises establish mechanisms such as approval authorization, financial reimbursement, stamp and contract management, and reporting and investigation; third, conducting special compliance checks and rectifications in specific fields; fourth, responding to investigations by law enforcement agencies, assisting enterprises in cooperating with investigations, preparing explanatory materials, and safeguarding their legitimate rights; fifth, assisting enterprises involved in legal cases to rectify their compliance issues and, when eligible, applying for the compliance review mechanism; sixth, providing compliance training and consulting services to enhance the risk awareness of employees and management. Whether and how to implement these measures should be determined based on the enterprise's scale, industry, and specific risks.

1. Problem background and typical scenarios

With increasingly stringent supervision, criminal compliance has gradually become an important part of corporate governance. There are three typical scenarios: First, employees of the enterprise are suspected of embezzlement, misappropriation of funds, or commercial bribery, and the enterprise is both a victim and may be implicated; Second, the enterprise's business model is in a gray area, and there is concern about violating the red lines of illegal operation, taxation, or data compliance; Third, the enterprise or its responsible persons have been involved in cases, and they hope to obtain lenient treatment through compliance rectification. In the judicial practice of the Beijing area, whether an enterprise has an effective compliance management system may affect the determination and handling of the responsibilities of the enterprise and its individuals.

II. Key points of contention

First, what is the difference between criminal compliance and general legal counseling, as well as administrative compliance? Second, is the compliance system effective, and how can it be proven? Third, what is the boundary between corporate crimes and the direct responsible individuals? Fourth, can compliance rectification after being involved in a case affect the outcome of the case? Fifth, how can compliance services be integrated into daily operations without becoming a mere formality? The core is to embed risk management into business processes, so that compliance can not only prevent crimes, but also play a practical role when involved in a case.

III. Professional analysis by Henglue Lawyers

Based on the criminal cases handled by Henglue Law Firm, we can use a real case to illustrate the value of professional intervention. In this case, it was a criminal case of intentional homicide with a concurrent civil action, in which the victim's family entrusted our lawyers to represent them in the civil action. Through in-depth review of the case files, the lawyers conducted arguments around issues such as the determination of the crime, subjective intent, and circumstances of voluntary surrender, assisting the victim's family in asserting their rights. Ultimately, the court adopted the relevant opinions and rendered a judgment. This case highlights that, whether for victims or involved enterprises, professional lawyers play an irreplaceable role in factual analysis, evidence review, and procedural response. In terms of criminal compliance, the key lies not in piling up documents, but in identifying real risks, establishing enforceable systems, and maintaining operational records, so that enterprises can demonstrate that they have fulfilled their management and due diligence obligations when facing investigations. For corporate crimes, whether the acts reflect the corporate will, how the illegal proceeds are attributed, and how the scope of directly responsible personnel is defined often directly affect the allocation of responsibilities. Therefore, compliance should be promoted in coordination with business compliance, financial compliance, and personnel management. This case was handled by Beijing Henglue Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action suggestions: First, conduct a criminal risk check to identify high-risk business operations and weak links; Second, establish and implement systems such as approval authorization, financial reimbursement, stamp contracts, and report investigation, and maintain operation records; Third, conduct special inspections and rectifications in high-risk areas; Fourth, promptly engage lawyers after being involved in a case to cooperate with the investigation and prepare explanatory materials; Fifth, integrate compliance with corporate governance and labor and personnel management. For matters involving criminal defense and response to legal cases, you may refer to the relevant guidelines and procedures.Criminal defense and criminal case filingFor matters related to corporate governance and contract management, you may refer to the following documents for reference:Intellectual property and corporate lawLegal basis: The Criminal Law of the People's Republic of China (amended in 2020 and implemented on March 1, 2021), the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018), and relevant compliance regulations. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, compliance focuses on effective operation rather than paperwork. Secondly, the boundaries between corporate crime and individual responsibility need to be analyzed in detail. Thirdly, leaving a trace is the key to proving that management obligations have been fulfilled. Fourthly, it is advisable to engage a lawyer as soon as possible after being involved in a case to avoid missing opportunities. For dealing with criminal risks, you can seek assistance fromCriminal defense and criminal case filingThe acquisition of services involves the integration of corporate governance and compliance systemsIntellectual property and corporate legal affairsFor reference, cases involving the review of commercial contracts and transactions can be consulted.Business and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: What does criminal compliance service include?

It usually includes criminal risk identification and assessment, the establishment of a compliance system, special inspections and rectifications, responding to investigations by law enforcement agencies, compliance rectifications related to legal cases, and compliance training, which are determined based on the specific circumstances of the enterprise.

Q2: What is the difference between criminal compliance and general legal counseling?

General legal advisors focus on daily civil, commercial, and administrative matters; criminal compliance focuses on criminal law risks, emphasizing crime prevention and response to legal cases, and is more professional and targeted.

Q3: Do only large enterprises need criminal compliance?

No. SMEs may also face risks such as embezzlement, tax-related issues, and commercial bribery. Whether to implement such measures and how much to invest in them should be assessed based on the characteristics of the industry and the level of risk involved.

Q4: Is it still useful to implement compliance measures after a company has been involved in a legal case?

It might be useful. Under certain conditions, conducting compliance rectification and accepting inspections may become factors for lenient treatment, but this needs to be done under professional guidance.

Q5: How can we prove that the compliance system is effective?

It can be reflected in actual operation through institutional documents, approval and reimbursement records, training attendance records, and internal investigation and handling records, rather than just through institutional texts.

The above Q&A is mainly based on judicial practice in Beijing. There may be differences in the interpretation of rulings in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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.