[Direct answer]In the Beijing area, criminal legal advisors are not hired only after something goes wrong, but rather provide preventive legal services to high-risk criminal industries, suitable for units in fields such as finance, medicine, the Internet, engineering construction, and commerce that are prone to crimes such as illegal fund-raising, commercial bribery, tax-related offenses, and infringement of intellectual property rights. According to the relevant provisions of the Criminal Law of the People's Republic of China (amended on December 26, 2020) and the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), units can establish a criminal compliance defense system to reduce the risk of being prosecuted, and relevant criminal services can be referred to for reference.Criminal defenseColumn.

1. Problem background and typical scenarios

These types of consultants are suitable for several types of enterprises: first, financial and investment institutions, which face the risks of illegal fund-raising and illegal absorption of public deposits; second, pharmaceutical and medical device companies, which are prone to commercial bribery and fraudulent insurance claims; third, Internet platforms, which focus on data and infringement of citizens' personal information, as well as copyright crimes. For related intellectual property compliance, you can refer to the relevant materials.Intellectual property1. Columns; 2. Construction and bidding enterprises, which need to prevent bid-rigging and bribery; 3. Trade and import-export enterprises, which are involved in smuggling, tax evasion, and intellectual property infringement. In the process of compliance rectification, enterprises in Beijing often incorporate criminal legal consultants into their regular risk management system.

II. Key points of contention

Focus One: The service targets units (enterprises) as the compliance subjects, which is different from defending natural persons. Focus Two: The service focuses on pre-crime prevention and response during the crime process. Focus Three: The establishment of a compliance system, including regulations, training, and reporting mechanisms. Focus Four: Responding to cases involving the enterprise, cooperating with investigations and defending the enterprise against criminal charges. Focus Five: Identifying the critical point where administrative violations transition into criminal offenses. Focus Six: Separating the personal responsibilities of executives. The specific details shall be subject to the currently effective laws, regulations, and judicial rulings. For enterprise contracts, reference materials can be consulted as needed.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Lawyers

From Henglue Lawyer's practical experience in criminal compliance, most enterprises that are suitable for hiring full-time criminal legal advisors have "high frequency of foreign capital transactions" or "strong regulatory attributes". Typical scenarios include: designing a compliant fundraising structure to avoid illegal deposit-taking during corporate financing; conducting a system review before violating the commercial bribery red line in the sales system through academic conferences, rebates, etc.; ensuring the compliance of personal information collection in data business; and screening bid-rigging risks before tendering. Henglue Lawyer advocates "integrating criminal risks into business processes", using compliance manuals, key position training, and pre-legal opinions on major transactions to help enterprises avoid violating criminal law during expansion. Relevant special projects can be referred to for further reference.Special services and other casesColumn.

IV. Practical suggestions and legal basis

Action suggestions: 1. Identify high-risk criminal areas in the enterprise and draw a risk map; 2. Establish compliance systems and reporting channels, and clearly define the list of prohibited behaviors; 3. Provide regular training for executives and key positions such as finance and procurement; 4. Seek criminal compliance opinions from consultants before major transactions, financing, and mergers and acquisitions; 5. When facing regulatory investigations or criminal cases, immediately engage professional lawyers to distinguish between the responsibilities of the enterprise and individuals. In terms of legal basis, the *Criminal Law of the People's Republic of China* (amended on December 26, 2020) stipulates corporate crimes and their criminal liabilities; the *Criminal Procedure Law of the People's Republic of China* (amended on October 26, 2018) clarifies the defense and agency systems, which form the procedural basis for corporate criminal legal advisors to perform their duties.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, criminal legal consultants focus on prevention, but this does not mean they can guarantee "impunity". They cannot promise to avoid prosecution. Secondly, the compliance system must be effectively implemented, as paper-based systems have limited evidentiary value in the event of a criminal investigation. Thirdly, it is difficult to completely isolate the personal responsibility of executives, and training for key positions cannot be skipped. Fourthly, if a criminal case is initiated, it is advisable to engage professional lawyers as soon as possible. It is recommended that high-risk enterprises in Beijing appoint industry-specific consultants to take preventive measures in advance.

VI. Frequently Asked Questions

Q1: Which enterprises are most in need of criminal legal consultants?

The high-risk criminal industries that require the most attention include financial investment (illegal fund-raising risks), medical devices (commercial bribery), the Internet (data and personal information), engineering construction (bid-rigging and bribery), and trade import and export (smuggling, tax-related issues, and intellectual property infringement). These enterprises often have frequent financial transactions or operate in highly regulated fields. Once they are involved in criminal activities, the consequences can be severe. It is advisable to deploy preventive consultants in advance to identify and address potential risks rather than seeking remedies after the incident has occurred.

Q2: What should a criminal law consultant prepare for?

The following information should be provided: first, a description of the enterprise's business model and capital flow; second, an explanation of the existing compliance system and training records; third, a list of senior executives and key positions; fourth, historical regulatory letters, administrative penalties, and disputes; fifth, major transactions and financing plans. The more authentic and complete the materials are, the more accurately the consultants can draw a risk map and provide feasible rectification suggestions. The relevant contract reviews can be referenced accordingly.Business and contract disputes in enterprisesColumn.

Q3: How much does a criminal law consultant cost per year?

The annual service fee is usually calculated based on the enterprise's scale, industry risks, and workload, with no standardized pricing. High-risk industries and services requiring on-site assistance typically cost more than basic consulting. If legal responses are required, these services are usually billed separately. The specific fees should be evaluated based on the number of risk points and response frequency. It is recommended to first consult on the scope of compliance before providing a quote, and then decide whether to sign a contract.

Q4: Can criminal legal advisors prevent crime?

It's impossible to "guarantee" that there will be no crimes, but it can significantly reduce the probability. By using risk maps, establishing systems, providing training for key positions, and conducting pre-review of major transactions, most criminal risks can be resolved before the actions take place. Even if a case occurs, a comprehensive compliance system can serve as evidence for responsibility attribution and mitigating circumstances. The effectiveness of this approach depends on whether the system is effectively implemented and the degree of cooperation from the enterprise.

Q5: What is the difference between a criminal lawyer and a corporate legal advisor?

Corporate legal services focus on non-litigation daily matters such as contracts, employment, and intellectual property; criminal consultants specialize in criminal compliance and case response, focusing on high-risk areas such as illegal fundraising, commercial bribery, and data crimes. The two can be combined: corporate legal services handle "civil and commercial daily matters", and criminal consultants guard against "criminal law red lines". High-regulation industries should be equipped with both services, and relevant criminal services can be referenced for referenceCriminal defenseColumn.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards 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 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. If a dispute arises, please consult a practicing lawyer in time.