[Direct answer]In the Beijing area, criminal legal consultants mainly address five types of issues. Firstly, identifying and preventing criminal risks in daily operations, including potential criminal risks in such aspects as business models, fund transactions, tax handling, employee management, and product sales, and providing feasible compliance suggestions. Secondly, responding to and providing decision-making support for sudden criminal incidents, including employees being investigated, receiving requests for assistance and summons notifications, handling internal clues of suspected crimes, and determining whether to actively cooperate and formulating response strategies. Thirdly, handling employees involved in criminal cases, including terminating employment relationships, recovering assets, coordinating civil compensation, and maintaining consistent external statements. Fourthly, establishing a criminal compliance system, including reviewing business processes for compliance, revising regulations, and arranging training. Fifthly, providing criminal risk training and emergency drills. The Criminal Law of the People's Republic of China and relevant judicial interpretations constitute the basis for judgment, with specific reference to current effective laws and regulations and judicial rulings.Intellectual property protection and corporate lawThe service description in the column.

I. Problem Background and Typical Scenarios

Many of those seeking advice on this issue are corporate executives or legal department heads who have regulatory concerns. There are three common scenarios: employees are subject to compulsory measures due to suspected crimes, and the company is worried about being implicated and the subsequent impact; they receive notifications from law enforcement agencies for assistance in investigations or requests for materials, and don't know how to respond; or peers in the industry have already been held accountable for certain business models, and they're concerned about potential similar risks for themselves. In practice, criminal risks are characterized by their hidden nature: many risk points don't stem from obvious illegal activities, but rather from discrepancies between the business model and the evaluation of existing criminal charges. Therefore, the value of advisory services lies in identifying such discrepancies in advance, rather than waiting until a case occurs to deal with it.

II. Key points of dispute

Focus One: Identifying deviations between business models and criminal evaluations. Focus Two: The proper boundaries of communication and cooperation obligations between case-handling authorities and enterprises. Focus Three: The division of responsibilities between enterprises and employees involved in criminal cases. Focus Four: Criminal risks in financial transactions and accounting processing. Focus Five: Handling internal clues of suspected crimes and the obligation to report them to the police. Focus Six: Terminating the employment of employees involved in criminal cases and linking it to civil compensation. Focus Seven: Cross-handling of criminal risks and administrative and civil liabilities. Focus Eight: Compliance boundaries in internal investigations and evidence collection. The methods of building a compliance system can be referenced here.Special services and other casesThe description in the column.

III. Professional analysis by Henglue Lawyers

From the practical perspective of criminal compliance services, effective prevention and control of corporate criminal risks relies on three aspects. The first is risk identification at the business model level: many operational behaviors are legal in themselves, but may be evaluated as crimes under specific regulatory standards, so it is necessary to evaluate each business link against current criminal charges and judicial interpretations. The second is evidence and traceability: the core controversy of many cases lies in whether it is possible to prove subjective knowledge or the connection between operational behaviors and criminal proceeds, so compliance is not only about system design, but also includes the recording and preservation of the entire business process. The third is response mechanism: when unexpected events occur, the first reaction of enterprises is often chaotic, and it is easy to face secondary risks such as inconsistent external statements, internal destruction of materials, or improper contact with involved personnel. Therefore, it is necessary to clarify the response process and decision-making authority in advance. The value of consulting services is to solidify these three aspects into executable mechanisms.

IV. Practical Suggestions and Legal Basis

Action recommendations: 1. Systematically review the enterprise's business processes and assess risks against relevant criminal charges; 2. Revise internal systems and clarify approval and documentation requirements; 3. Establish criminal risk response plans and decision-making authority lists; 4. Improve the mechanism for preserving records throughout the entire business process; 5. Develop policies for handling employees involved in criminal cases and establishing external communication guidelines; 6. Define the boundaries and triggering criteria for internal investigations; 7. Conduct criminal risk training and emergency drills. Legal basis: - **Criminal Law of the People's Republic of China** (amended in 1997 and implemented on March 1, 2021) and related judicial interpretations; - **Criminal Procedure Law of the People's Republic of China** (amended on October 26, 2018) regarding cooperation with investigations and defense; - **Anti-Unfair Competition Law of the People's Republic of China** (amended in 2019) concerning commercial bribery; - Specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

First, the identification of criminal risks requires an assessment of each link against the current criminal charges, rather than making judgments based on intuition. Second, leaving a record is both a compliance requirement and key evidence for defense. Third, the response mechanism for emergencies should be clarified in advance to avoid making hasty decisions that lead to secondary risks. Fourth, the handling of employees involved in criminal cases involves the intersection of labor law and criminal law, requiring separate assessments. Fifth, internal investigations must pay attention to the boundaries of evidence collection to avoid creating new legal risks. Sixth, external statements should be handled by a unified department to avoid inconsistent statements being interpreted as collusion. Seventh, the compliance system needs to be regularly updated to adapt to changes in legislation and judicial interpretations. Eighth, it is recommended to embed criminal risk assessments into the project initiation phase of new businesses, rather than conducting supplementary reviews after they go live. Ninth, compliance responsibilities and reporting paths should be designated to ensure that risk information can be promptly conveyed to decision-makers. The design ideas of relevant mechanisms can be referenced for reference.Business and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: What problems do criminal legal consultants mainly address?

The main solutions address five types of issues: identifying and preventing criminal risks in daily operations, responding to and providing decision-making support for sudden criminal incidents, formulating handling plans for employees involved in criminal activities, establishing a criminal compliance system, and providing criminal risk training and drills. The core value lies in integrating criminal risks into the daily management framework rather than simply addressing them after incidents occur. The actual scope of services shall be subject to the provisions of the written contract of engagement.

Q2: If an employee is prosecuted, will the company be implicated?

It depends on whether the employee's actions constitute official duties, whether they are necessary for the operation of the enterprise, and whether the enterprise has management problems. If the employee is suspected of committing a crime in the performance of his duties, the enterprise may need to bear corresponding responsibilities; if it belongs to personal behavior, it usually does not affect the enterprise. Therefore, the key is to distinguish the boundaries between official duties and personal behavior, and to check whether the enterprise's internal approval, authorization, and supervision mechanisms are sound. The relevant responsibility division ideas can be referred to for reference.Labor arbitration and work-related injury compensationColumn.

Q3: If the investigating authority comes to investigate, how should we cooperate with them?

It is the legal obligation of enterprises to cooperate with law enforcement according to the law, but the scope and manner of cooperation need to be controlled. Firstly, the identity, basis, and procedures of the law enforcement agencies should be verified to ensure their legality; secondly, a unified liaison department should be designated to avoid confusion caused by multiple communication channels; at the same time, the law enforcement agencies should be required to issue corresponding legal documents according to the law. During the cooperation process, it is necessary to avoid passive resistance and providing materials beyond the necessary scope. When necessary, professional advice can be sought first, and specific response arrangements can be referred to for reference.Criminal defense and criminal case filingColumn.

Q4: What should I do if I find clues indicating that someone within the organization has committed a crime?

This requires careful handling. After discovering clues of a crime, the enterprise should neither conceal the information nor take coercive measures that might lead to violations of the law on its own. A reasonable approach is to first verify the basic information of the clues, assess whether they involve the enterprise's operations and compliance issues, and then decide whether to report them to the investigating authorities or cooperate with the investigation. If serious official crimes are involved, late reporting may lead to adverse consequences, so it is necessary to report them promptly and keep a full record of the process.

Q5: How to establish a criminal compliance system?

It usually involves four steps: First, sort out the business process and identify the risk points in accordance with the relevant charges; Second, revise the system for high-risk links and set up approval and traceability requirements; Third, clarify the departments responsible for compliance and the decision-making authority; Fourth, establish training and internal investigation mechanisms and regularly review them. The key point is that the system must be implemented in the process and records, otherwise it will be difficult to play a role in inspections and investigations. The implementation ideas of the compliance system can be referred to for reference.Special services and other casesColumn.

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

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Intellectual property protection legal services·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 case of disputes, please consult a practicing lawyer in time.