[Direct answer]In the Beijing area, a criminal legal risk assessment report typically includes six sections. First, risk identification of business processes and contractual procedures, systematically reviewing potential criminal behavior patterns in procurement, sales, franchising, promotion, and fund settlement. Second, qualification and license verification, ensuring that operating licenses, industry access requirements, and product registration are in place to avoid charges related to unlicensed operations. Third, fund flow and transaction review, focusing on identifying risks such as illegally absorbing public deposits, misappropriation of funds, embezzlement, and concealment of criminal proceeds. Fourth, employment and safety production risks, involving charges related to illegal employment and major liability accidents. Fifth, intellectual property and data compliance, investigating crimes such as infringement of intellectual property rights and violation of citizens' personal information. Sixth, historical criminal involvement and dispute records review, analyzing past administrative penalties and litigation situations. The report typically includes three additional sections: risk grading, rectification recommendations, and emergency response plans.Criminal defense and criminal case filingThe relevant services in the column can be customized according to specific industries and business models.

I. Problem background and typical scenarios

The motivations for enterprises to actively seek criminal risk assessments typically include the following: concerns about compliance gaps after business expansion or transformation; having been investigated or questioned by public security authorities in the past; pressure arising from increasingly stringent industry supervision and an increasing number of punishment cases; investors' demands for compliance due diligence materials; concerns about the exposure of historical issues after changes in key personnel; and, for family-owned enterprises, the desire to proactively identify potential criminal risk exposure.Intellectual property protection and corporate lawThe enterprise compliance system arrangements discussed in the column can be implemented in conjunction with the results of the physical examination.

II. Key points of contention

Focus One: The coverage of the physical examination—whether it's preventive measures beforehand or identifying omissions afterward. Focus Two: The classification of the business model—whether it's a civil dispute or a criminal risk. Focus Three: The depth of the compliance review of financial transactions. Focus Four: The method of screening historical records and its legal boundaries. Focus Five: The purpose of the report—whether it's for internal rectification or responding to regulatory requirements. Focus Six: The enforceability of the rectification recommendations.Business and contract disputes in enterprisesThe practical analysis of contract and transaction risk prevention in this column can serve as a reference for self-check and improvement.

III. Professional analysis by Henglue Lawyers

Take the intentional homicide case handled by Attorney Liu Liqiang of our firm as an example: The case originated from a dispute over project quality between the client and others, which escalated into a violent conflict. Such cases are generally individual acts, but another similar case that occurred in the same year was triggered by an enterprise employee, and the judicial authorities ultimately convicted the perpetrator of intentional homicide and sentenced him to death. The transmission of criminal risks often exceeds the expectations of enterprises: improper handling of a conflict may lead to criminal prosecution, criminal punishment, and even collateral effects on the operating entities. This is the core value of criminal risk audits—by identifying the triggering relationships between individual behaviors and business processes, we can proactively detect potential overlooked risk points.Business and contract disputes in enterprisesThe contract review approach in this column can be used for risk identification in the transaction process during the physical examination. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, clarify the objectives and scope of the physical examination, determining whether it covers the entire business chain or key links; Second, provide contracts, accounts, employment records, and complaint materials from the past three years; Third, interview key personnel to understand the actual operating processes; Fourth, obtain the results of internal self-inspections and verify them; Fifth, assess whether it is necessary to consult or report to the competent authorities based on the business model; Sixth, develop rectification and emergency plans for high-risk issues, and clarify the responsible persons and deadlines. Legal basis: The Criminal Law of the People's Republic of China and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Cases of Relevant Crimes; Specifically, the current effective laws, regulations, and judicial rulings shall prevail.

5. Henglu Law Firm's Reminder

Firstly, the value of the physical examination lies in shifting criminal risks to a controllable stage. It's often extremely costly to intervene after an incident occurs. Secondly, the qualification of the business model is more important than the review of a single contract. Under different qualifications, the charges for the same model can vary greatly. Thirdly, the boundary between employment and labor outsourcing is a high-frequency risk point and needs to be verified carefully. Fourthly, the screening of historical records should be conducted through legal channels to avoid affecting normal operations. Fifthly, the implementation of the report requires supporting systems and responsibilities, otherwise it will easily remain on paper. Sixthly, the physical examination is not a promise. The determination of criminal responsibility still lies with the judicial authorities according to law, but it can minimize controllable risks.Special services and other casesThe column can also provide supporting explanations for the construction of a compliance system.

VI. Frequently Asked Questions

Q1: How much does a criminal law risk assessment typically cost?

There is no unified standard, and it mainly depends on the size of the enterprise, the complexity of its business, the scope of coverage, and the amount of materials that need to be reviewed. The cost of a single point pre-audit is relatively manageable; however, if it needs to cover the entire business chain, multiple product lines, and interviews with various positions, the investment will increase significantly. It is recommended to clarify the scope of the audit and the delivery requirements before entrusting the task, such as whether it includes interviews, whether a written report will be issued, and whether a rectification tracking service will be provided. Then, the lawyer will provide a quote range.

Q2: If the company hasn't had any accidents, is it necessary to conduct physical examinations?

It's necessary. Criminal risks are highly covert, and many risk points go unnoticed during the operation process. Once they are investigated by public security organs, it's often too late to remedy the situation. Common scenarios include: the business model itself operating on the borderline between criminal and civil law; failing to notice regulatory differences across different regions when conducting cross-regional operations; risks being transmitted through certain processes handled by third parties; and historical issues left unresolved after the departure of key personnel. The core value of risk assessment lies in identifying and rectifying potential risks before they actually manifest themselves.

Q3: Can the medical examination report be used as a basis for exemption from liability?

No. The determination of criminal cases is conducted by judicial authorities in accordance with the law. Whether an enterprise bears responsibility depends on specific actions, evidence, and legal provisions, and is not affected by having undergone a physical examination. The true value of the physical examination report lies in helping enterprises identify and eliminate risk points, improve systems and processes, and provide evidence of having fulfilled their obligation of reasonable care when disputes arise. Therefore, the physical examination should be combined with subsequent rectification and implementation, rather than being regarded as a certificate of exemption from liability.

Q4: What should I do if a risk is detected during the physical examination?

It is recommended to handle the issue in three steps: First, evaluate the risk level and prioritize dealing with high-risk matters that may lead to individual accountability; Second, take loss-control measures, including suspending relevant business operations, amending contract terms, supplementing qualifications and filing records, and improving employment management; Third, consolidate evidence and systems, incorporating the rectification results into institutional documents and keeping records. If there are disputes that have already occurred, it is necessary to simultaneously assess whether it is necessary to actively communicate with the case-handling authorities to explain the situation, and whether corresponding external arrangements need to be made in future operations.

Q5: What is the difference between a physical examination and hiring a permanent legal advisor?

The two have different emphases. A long-term legal advisor provides continuous daily legal services, typically focusing on contract review, transactional consulting, and daily dispute resolution. A criminal risk assessment is a specialized diagnosis of criminal risks, requiring in-depth analysis of business models, capital flows, and personnel management, and producing a risk list and rectification plan. In practice, it is ideal to first conduct a criminal risk assessment to identify structural problems and complete rectification, and then have the long-term advisor handle daily contract and compliance matters, forming a connection between pre-emptive prevention and daily maintenance.

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 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 Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 the event of a dispute, please consult a practicing lawyer in time.