[Direct answer]In the Beijing area, the core value of enterprises introducing criminal legal advisors is to respond to criminal crises in a lawful and orderly manner when they first emerge, so as to avoid the escalation of the situation or the loss of evidence. Criminal crises often occur in cases such as the investigation of corporate crimes, the imposition of coercive measures on executives, the seizure of accounts and contracts, commercial bribery, or tax investigations. According to the relevant provisions of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), criminal suspects and defendants have the right to appoint defense attorneys, and lawyers can accept commissions to provide legal assistance, represent appeals and complaints, and apply for changes in coercive measures. The role of criminal advisors is not to interfere with case handling, but to help enterprises clarify the boundaries of criminal risks, standardize response processes, protect legitimate property and business order, and, if necessary, provide defense for those involved in the case. For related services, please refer to the following link:Intellectual property and legal consultantsColumn.

I. Problem background and typical scenarios

The typical scenarios of criminal crises include: first, the enterprise is investigated by the investigative organ for clues such as contract fraud and illegal fund-raising, and its accounts and official seals are sealed; second, senior executives are taken away for investigation on suspicion of embezzlement and commercial bribery, and the enterprise's operations are stalled; third, administrative violations in the fields of taxation, environmental protection, and safe production may lead to criminal accountability; fourth, external guarantees or related-party transactions may trigger risks of misappropriation of funds and breach of trust; fifth, online data and intellectual property infringements are reported to the police for criminal prosecution. When handling such cases in the Beijing area, lawyers usually first determine whether the responsibility lies with the unit or the natural person, and whether the case has entered the criminal process. Then, they distinguish the boundaries between crisis response and routine advisory services to avoid simply covering criminal special services with annual fee services. For risks involving commercial contracts, reference can be made to the relevant provisions of the Civil Code.Business and contract disputes in enterprisesColumn; for those involving administrative disputes, you can refer to it for reference.Land expropriation and demolition, and administrative litigationColumn.

II. Key points of contention

The key points of contention lie in the characterization of risks and the boundaries of responses. The first focus is whether the behavior has entered the criminal process, as the legal consequences of administrative investigations and criminal cases are different. The second focus is the distinction between corporate crimes and individual responsibilities, which directly determines the scope of accountability. The third focus is the disposition of assets involved in the case and the review of the legality of seizure, attachment, and freezing. The fourth focus is the protection of executives' rights, including meetings, communications, and changes to coercive measures. The fifth focus is the possibility of corporate compliance rectification and lenient treatment, such as compliance reforms for the involved enterprises. The sixth focus is the guidelines for crisis communication, including the appropriate tone for public statements and cooperation with investigations. The seventh focus is the legal boundaries of evidence preservation and self-inspection to avoid the risk of destroying evidence. Specific determinations should be based on current criminal laws and judicial policies. Relevant commercial arrangements can be referred to for reference.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Law Firm

Based on the practical experience of the lawyers handled by our firm, there are two things that should be avoided most when dealing with criminal risks: first, unifying statements and altering accounts in panic, which may lead to suspicion of obstruction of justice or destruction of evidence; second, delaying decisions and missing the opportunity to apply for bail pending trial and conduct regulatory rectification. Lawyers from our firm usually advise enterprises to establish crisis prevention plans: on a daily basis, have regular advisors conduct compliance checkups to reduce the probability of cases occurring; once there are any suspicious signs, immediately launch special projects to verify the situation on site, fix favorable evidence, standardize employees' response strategies, and apply for legal meetings and changes in coercive measures for those involved in the case. At the same time, distinguish between the enterprise's assets and those involved in the case to prevent normal operations from being overly implicated. It should be noted that the role of lawyers is to protect rights in accordance with the law, not to help evade responsibilities.

IV. Practical suggestions and legal basis

Practical suggestions: Firstly, conduct regular compliance checkups to identify high-risk areas such as taxation, funds, and anti-corruption. You can refer to the relevant processes for guidance.Special services and other casesFirst, establish a risk prevention and control mechanism to identify potential risks in a timely manner and take preventive measures to avoid or reduce risks. Second, immediately suspend suspicious operations and seal rather than destroy relevant materials when a crisis first emerges. Third, entrust professional lawyers to intervene as soon as possible and apply for meetings and changes in compulsory measures in accordance with the law. Fourth, sort out the list of assets involved in the case and distinguish between the normal assets of the enterprise and the suspected targets. Fifth, evaluate the feasibility of the involved enterprise's compliance rectification and strive for lenient treatment. In terms of legal basis, Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that a criminal suspect has the right to appoint a defense attorney from the date of his/her first interrogation or the date of the adoption of compulsory measures by the investigative organ; Article 33 clarifies the scope of defense attorneys; Article 28 of the Lawyer Law of the People's Republic of China (amended on September 1, 2017) stipulates the duties of lawyers as defense attorneys, providing procedural basis for crisis response.

5. Henglu Law Firm's Reminder

Henglue Law Firm advises: First, it's crucial to intervene early in criminal crises, as the room for maneuver becomes increasingly limited with delay; Second, it's absolutely prohibited to destroy or tamper with evidence or collude in giving false testimony, as this will escalate administrative or civil risks into criminal ones; Third, the responsibilities of corporate entities and natural persons differ, and clarification should be made as soon as possible; Fourth, regulatory compliance and rectification have become important mitigation pathways in recent years, and eligible enterprises should actively pursue them; Fifth, external communication must be cautious to avoid inappropriate statements being used as evidence. For cases involving administrative litigation cooperation, you may refer to the relevant guidelines for reference.Land expropriation and demolition, and administrative litigationA column. It is recommended that enterprises establish a criminal risk firewall during the calm period, rather than seeking legal advice only after an incident occurs.

VI. Frequently Asked Questions

Q1: Can criminal legal consultants guarantee the outcome of a case?

Criminal defense consultants cannot guarantee the outcome of cases, but they can significantly reduce the probability of risk escalation. Their role is reflected in: identifying warning signs in the early stages of a crisis, standardizing responses to avoid secondary violations of the law, applying for meetings and bail in accordance with the law, and protecting the normal operation of the enterprise. Whether or not the client will ultimately be held accountable depends on the nature of their actions, the evidence, and policies. Lawyers cannot promise victory. However, the presence of professional intervention often makes a huge difference at procedural junctures, such as whether bail can be obtained in a timely manner and whether compliance rectification can be initiated. Therefore, the value lies not in guaranteeing victory, but in minimizing losses in accordance with the law.

Q2: What materials should a company prepare in the event of a criminal law-related crisis?

Companies should prepare both in normal times and in times of crisis: in normal times, they should keep compliance systems, training records, and approval processes to demonstrate management standards; in times of crisis, they should document the on-site situation, relevant contracts and fund flows, employee testimonies, and compile a list of materials that may be seized. It is important not to modify the materials on their own, as lawyers should determine their legality. At the same time, they should prepare the basic information and authority certificates of the individuals involved in the case to facilitate lawyers' applications for meetings and defense. Comprehensive materials can help quickly determine the nature of the case.

Q3: How much does it cost to hire a criminal specialist lawyer?

Criminal specialties are usually billed by stages or by project, such as investigation, review of prosecution, and trial, which are charged separately by stages, or they may be packaged as a whole. The annual fee for long-term consultants generally does not include criminal specialties, and a separate agreement is required when a crisis arises. The specific amount is negotiated based on the complexity of the case and the workload. It is recommended to clarify the stages, scope, and travel expenses before signing the contract, and to be vigilant against the prohibitive provisions of contingency fees in the criminal field.

Q4: How long does it usually take to resolve a criminal-related crisis?

The response to a crisis requires timeliness. It is advisable to hire a lawyer as soon as possible after the first interrogation or enforcement measures. The investigation stage is generally lengthy, with the review and prosecution stages each taking several months. There are timeframes for applying for bail pending trial and for requesting regulatory rectification. Delaying action may result in missed opportunities. The sooner a lawyer becomes involved after identifying risks, the better. However, the overall timeline depends on the progress of the case and whether it has entered the trial stage.

Q5: How should a company handle a criminal-related crisis?

The first step is for the regular advisor to conduct a compliance check on a daily basis to establish a risk prevention system. The second step is to immediately suspend suspicious operations and seal the relevant materials upon discovering any clues related to criminal activities. The third step is to promptly engage criminal specialty lawyers and apply for a meeting and modification of coercive measures in accordance with the law. The fourth step is to distinguish between the company's assets and the assets involved in the case to ensure the continuity of operations. The fifth step is to evaluate the feasibility of compliance rectification and actively cooperate with the authorities. For reference only.Beijing Henglu Law FirmThe description of criminal legal services on the official website incorporates crisis response into the normal corporate governance process.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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. →Intellectual property protection legal services·Beijing Henglu 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. If you encounter disputes, please consult a practicing lawyer in time.