[Direct answer]In the Beijing area, the work of criminal compliance lawyers can be divided into two aspects: pre-emptive and post-event. Pre-emptively, they help enterprises establish criminal compliance systems, identify criminal risk points in business operations, improve systems and processes, conduct training and risk inspections to avoid enterprises bearing criminal liabilities due to the actions of employees or executives. Post-evently, they intervene in criminal defense when enterprises or individuals are involved in cases, assist in conducting internal investigations, fixing favorable evidence, promoting compliance rectification, and striving for lenient treatment or non-prosecution. According to Articles 30 and 31 of the Criminal Law of the People's Republic of China (implemented on October 1, 1997 and amended several times), companies, enterprises, and other units that commit acts harmful to society or are defined as unit crimes by law shall bear criminal responsibility. The unit shall be fined and the directly responsible persons shall be investigated for criminal responsibility. Therefore, criminal compliance is an important component of enterprise management.

I. Problem Background and Typical Scenarios

The criminal risks facing enterprises are not far away: financial fraud, false invoicing, refusal to pay labor compensation, infringement of intellectual property rights, illegal operation, commercial bribery, and illegal processing of data and personal information may all cross the criminal red line. Typical scenarios include: enterprises urgently needing to respond to and rectify problems after being investigated by the public security organ; business models having compliance gaps under new regulatory requirements; employees or executives suspected of involvement in crimes that implicate the enterprise; and enterprises planning to go public or raise funds needing criminal compliance reviews. When enterprises in Beijing are under investigation or involved in litigation, they often need professional teams to coordinate criminal substantive law, procedures, and compliance rectification.

II. Key points of contention

First, the boundaries of identifying corporate crimes and when enterprises should take responsibility for their employees' actions. Second, whether the compliance system can effectively isolate or mitigate responsibilities. Third, the launching conditions and effects of compliance rectification after being involved in a case. Fourth, the relationship between internal investigations and defense, and how to avoid self-incrimination. Fifth, the compliance key points in high-frequency risk areas such as data and personal information, invoices and taxation, and bidding and tendering. Sixth, the integration of the compliance system with daily legal consultations and risk control systems.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has accumulated extensive experience in criminal law and has handled a variety of cases, including criminal cases of intentional homicide with civil litigation, bail applications for crimes of disseminating obscene materials, and bail applications for crimes of operating gambling houses. The firm has a good grasp of practical issues such as the determination of subjective intent, the evaluation of voluntary surrender and confession, and the modification of compulsory measures. These experiences are also applicable to criminal compliance services. First, in terms of pre-prevention, lawyers will identify high-risk areas based on the enterprise's business model and develop special compliance systems for bills and taxation, bidding and procurement, data and personal information, business transactions, and anti-commercial bribery, clarifying approval authorities and traceability requirements. Second, in terms of response during the investigation, when an enterprise is under investigation, lawyers will guide the enterprise on the boundaries of cooperating with the investigation, avoid making inappropriate statements, and simultaneously conduct internal investigations to sort out the responsibilities of relevant personnel and the chain of events. Third, in terms of post-rectification, in accordance with the provisions of Article 30 and Article 31 of the Criminal Law of the People's Republic of China on corporate crimes and leniency systems such as plea bargaining, lawyers will help enterprises establish effective compliance systems to strive for lenient treatment or non-prosecution. Fourth, in terms of the relationship with defense, internal investigations should be conducted under the guidance of lawyers to avoid producing unfavorable materials for the enterprise, while paying attention to protecting the legitimate rights and interests of the enterprise and relevant personnel. 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 recommendations: First, sort out the main business and key processes, identify criminal risk points and compile a list; Second, establish special systems for bill finance and taxation, bidding and tendering, data compliance, and business transactions, ensuring that all matters are subject to approval and the process is traceable; Third, regularly conduct criminal compliance training and self-inspections; Fourth, hire professional lawyers to intervene as soon as possible after being involved in a case, and standardize cooperation with investigations and internal investigations; Fifth, actively promote compliance rectification and strive for lenient treatment. For more information, please refer to the service section on the website.Criminal defense and criminal case filing、Intellectual property protection and corporate law、Business and contract disputes in enterprises,\nFinancial capital and cross-border transactions involving foreign entitiesAndSpecial servicesLegal basis: Article 30, Article 31, and Article 67 of the Criminal Law of the People's Republic of China (implemented on October 1, 1997 and amended several times), the provisions on leniency for pleading guilty and accepting punishment in the Criminal Procedure Law of the People's Republic of China (amended in 2018), and the current regulations of the state on the compliance reform of enterprises involved in cases. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, criminal compliance is not just about piling up documents. The key lies in the implementation of systems and the preservation of process records. Secondly, the identification of corporate crimes is closely related to the direct responsible personnel. Enterprises should clarify job responsibilities and approval authorities. Thirdly, after being involved in a case, it is necessary to engage lawyers as soon as possible to standardize statements and cooperation methods, so as to avoid expanding risks due to improper responses. Fourthly, compliance rectification needs to be genuine and effective. Formalistic rectification is unlikely to gain leniency. Fifthly, daily legal consultants and criminal compliance should be promoted in coordination, embedding risk prevention into business processes rather than making remedies after the fact.

VI. Frequently Asked Questions

Q1: If a company employee commits a crime, is the company necessarily held responsible?

Not necessarily. According to Articles 30 and 31 of the Criminal Law of the People's Republic of China, corporate crimes require legal provisions as a prerequisite, and the acts must be for the benefit of the company and implemented upon the decision of the company or by its responsible persons. Employees' individual actions that are unrelated to the company generally do not incur the company's liability. Whether it constitutes a corporate crime needs to be determined based on the decision-making and the attribution of benefits.

Q2: Is it still useful to conduct compliance rectification after being involved in a case?

It's useful. Under certain conditions, if the enterprise actively promotes compliance rectification and achieves results, it can be considered as an important factor for lenient treatment, which helps to secure a non-prosecution or a lenient punishment. The rectification must be genuine, targeted, and accompanied by supporting systems and implementation records. Formalistic rectification is unlikely to gain recognition.

Q3: What is the difference between a criminal compliance lawyer and an ordinary legal advisor?

General legal advisors focus on daily contracts, labor and corporate governance, while criminal compliance lawyers focus on highly specialized matters such as criminal risk identification, prevention of corporate crimes, internal investigations and responses to legal cases, and compliance rectification. The two can work together, and it is particularly necessary when the enterprise is large in scale or its business involves high-risk areas.

Q4: What should be paid attention to during an internal investigation within an enterprise?

It is necessary to clarify the purpose and scope of the investigation, standardize the methods of evidence collection and interviewing, protect the legitimate rights and interests of relevant personnel, and avoid obtaining materials in an improper manner or forming unfavorable records that incriminate oneself. It is recommended to conduct the investigation under the guidance of a lawyer and keep written records of the investigation process and conclusions, so as to facilitate subsequent response procedures.

Q5: Which industries require more criminal compliance?

In the fields of finance and quasi-finance, pharmaceuticals and medical devices, tendering and engineering construction, Internet and data services, bulk trade and supply chains, as well as tax-related and invoice-intensive industries, criminal risks are relatively concentrated. Enterprises should conduct special assessments based on their business models, identify high-risk links, and establish corresponding systems.

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 courts may differ, which may affect the conclusions. Welcome to consult Henglue Law Firm about 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, so as 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 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. In case of disputes, please consult a practicing lawyer in time.