[Direct answer]In the Beijing area, criminal compliance non-prosecution mainly refers to compliance non-prosecution (or compliance leniency) under the framework of compliance reform for enterprises involved in criminal cases. If an enterprise suspected of committing a crime voluntarily establishes or improves its compliance management system, effectively rectifies the violations, and undergoes supervision and evaluation by a third party, the procuratorial organ may make a decision of non-prosecution or give lenient treatment according to law. The institutional basis includes the principle of leniency for confessing guilt and accepting punishment, and the incentive for compliance rectification in the crime committed by the unit. According to Article 15 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the principle of leniency for confessing guilt and accepting punishment, and Article 37 of the Criminal Law of the People's Republic of China (amended on December 26, 2020) stipulate non-punitive measures, providing space for leniency after compliance rectification. Lawyers can help enterprises design rectification plans, interface with third-party mechanisms, and communicate with procuratorial organs. Relevant criminal services can be referred to for reference.Criminal defenseColumn.

1. Problem background and typical scenarios

Such problems are common in several situations: First, the enterprise is suspected of committing corporate crimes due to its business operations, and the responsible person hopes to avoid prosecution through compliance rectification; Second, the enterprise-related case has entered the review and prosecution stage, and the procuratorial organ informs that compliance rectification can be applied; Third, the enterprise previously lacked internal control and needs to supplement its compliance system through criminal procedures; Fourth, the related individuals (such as the legal representative) are worried about being investigated together; Fifth, they hope to exchange compliance rectification for leniency and maintain their business operations. When handling similar cases in the Beijing area, attention is usually paid to the enterprise's scale, the circumstances of the crime, and the feasibility of rectification. Relevant enterprise services can be referred to for reference.Business and contract disputes in enterprisesColumn.

II. Key points of contention

The first focus is whether the application of non-prosecution for compliance is appropriate, which depends on the suspected crime, the seriousness of the circumstances, and the enterprise's willingness to rectify. The second focus is the effectiveness of the compliance plan, which requires the establishment of effective internal control, risk prevention, and accountability mechanisms, rather than just going through the motions of rectification. The third focus is the passing of the third-party supervision and evaluation, which is a key step in obtaining leniency. The fourth focus is the distinction between corporate and individual responsibilities. Legal representatives and other individuals may not be exempt from personal responsibility just because the enterprise complies with regulations. The fifth focus is the connection between rectification and sentencing and prosecution decisions. The sixth focus is the role boundaries and confidentiality obligations of lawyers. Specifically, the current effective laws and regulations and judicial rulings shall prevail. The compliance reform of the involved enterprises shall be based on the relevant guidance opinions for operation.

III. Professional analysis by Henglue Law Firm

Taking several criminal cases handled by our firm as examples, we can see the professional role of lawyers at all stages of criminal litigation (including efforts to secure non-arrest, non-prosecution, and lenient sentencing). First, C某 was detained by the Haidian Branch of the Beijing Municipal Public Security Bureau in May 2026 on suspicion of disseminating obscene materials, involving three obscene videos reposted on a forum with approximately 5,000 views and 1,000 downloads, without any profit-making intent. The lawyer successfully argued that the threshold for criminal liability was not met and that there was no social danger, and combined with the circumstances of voluntary surrender and plea bargaining, submitted a "Legal Opinion on Bail Pending Trial" on June 24, 2026, resulting in the Haidian Branch deciding to grant C某 bail. Second, W某 was detained on December 20, 2025 on suspicion of operating a gambling house. As a low-ranking accomplice on the platform and suffering from a pituitary tumor requiring ongoing treatment, the lawyer submitted an "Application for Bail Pending Trial" based on W某's status as an accomplice, medical condition, and low social danger, which was approved on January 19, 2026. Third, in a criminal case involving intentional homicide and accompanying civil litigation handled by Attorney Liu Liqiang, the lawyer thoroughly reviewed the case file and analyzed the evidence to refute the defendant's defense regarding subjective intent, voluntary surrender, and the nature of the crime. The court ultimately sentenced the defendant to death for intentional homicide and supported the victim's family's claims in the accompanying civil litigation, demonstrating the role of professional representation in clarifying facts and protecting rights in major criminal cases. The above cases illustrate that lawyers' early intervention and accurate application of statutory mitigating circumstances and procedural tools can significantly influence outcomes at the non-arrest and non-prosecution stages, as well as sentencing. Similarly, the compliance rectification and non-prosecution of involved enterprises rely on lawyers designing rectification plans, coordinating with third-party supervision and evaluation, and communicating with prosecutorial authorities. This case was handled by Beijing Henglu 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, after a company is involved in a criminal case, it should hire a lawyer as soon as possible to assess whether there is room for compliance rectification and non-prosecution. Second, with the lawyer's assistance, draft a practical and feasible compliance rectification plan covering internal control, risk management, training, and accountability. Third, cooperate with third-party supervision and evaluation to complete effective rectification and pass the review. Fourth, assess the responsibilities of the company and individuals separately to avoid misjudging the scope of exemption from liability. Fifth, continuously maintain the compliance system and document the process in writing. Regarding legal basis, Article 15 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) establishes leniency for guilty pleas and confessions, and Article 37 of the Criminal Law of the People's Republic of China (amended on December 26, 2020) regulates non-punitive measures. The compliance reform of the involved companies should be based on relevant guidelines, and the key points of corporate compliance can be referred to for reference.Business and contract disputes in enterprisesColumn.

5. Henglue Law Firm's Reminder

Risk Alert: First, the non-prosecution for compliance does not mean "buying non-prosecution with money", and it must be based on genuine and effective rectification; Second, the compliance of the unit does not necessarily exempt the directly responsible supervisors and other directly responsible persons from criminal responsibility; Third, the rectification must be implemented and evaluated by a third party. Formalism will not be recognized; Fourth, there are boundaries to the applicable objects and charges, and not all corporate-related crimes can be subject to non-prosecution for compliance. It is recommended that enterprises introduce professional lawyers as soon as possible to promote the coordinated progress of rectification and defense, which can be referenced for reference.Special services and other casesThe column introduces specialized criminal services.

VI. Frequently Asked Questions

Q1: Can criminal compliance really lead to non-prosecution in practice?

There is a legal basis for non-prosecution based on compliance, but it's not mandatory. Under the framework of compliance reform for enterprises involved in cases, if the enterprise voluntarily and effectively completes the compliance rectification and passes the third-party supervision and evaluation, the procuratorial organ may, in accordance with the law, decide not to prosecute or give a lenient treatment. Whether it can be applied depends on the suspected crime, the seriousness of the circumstances, the scale of the enterprise, and the sincerity of the rectification. For cases with serious crime circumstances and rectification that is just a formality, the procuratorial organ will still prosecute according to the law. It is recommended that the prerequisite for applying non-prosecution based on compliance be genuine and effective rectification, and people should not easily believe in the promise of non-prosecution.

Q2: What are the requirements for applying for a compliance non-prosecution agreement?

Generally, the following conditions must be met: the enterprise voluntarily admits guilt and accepts punishment and promises to comply with rectification; the circumstances of the alleged crime are not extremely serious and have feasibility for rectification; the establishment or improvement of a compliance management system and its passing of third-party supervision and evaluation; and the distinction between the unit's responsibility and the personal responsibility of the directly responsible personnel. Lawyers can assist in assessing the applicability, drafting rectification plans, and interfacing with the evaluation mechanism. For related criminal services, please refer to the following materials for reference:Criminal defenseA column. Whether it can be applied ultimately depends on the decision of the procuratorial organ based on the circumstances of the case.

Q3: How much does it cost to hire a lawyer to handle a compliance-based non-prosecution case?

The fees include the design of a compliance rectification plan, the coordination with third-party assessments, and legal document preparation and defense work. The fees are determined through negotiation based on the size of the enterprise, the complexity of the alleged charges, and the amount of rectification work required, with no standardized pricing. The fees for simple legal advice differ significantly from those for comprehensive rectification, assessments, and non-prosecution defense. It is recommended to first consult on the case circumstances and the scope of the rectification before providing a quote, and to sign a standardized engagement agreement to clarify the fee structure.

Q4: How long does it usually take for a company to be granted a compliance-based non-prosecution agreement?

The duration of the cycle depends on the depth of the rectification and the pace of the evaluation. It typically includes stages such as formulating a compliance plan, implementing the rectification, conducting a third-party supervision and evaluation, and accepting the results by the procuratorial organ for review and decision-making. The process can take a few months for simple cases, but may take more than half a year for complex cases. The time limit for handling cases in the review and prosecution stage will be extended according to the duration of the compliance rectification. The key is to entrust a third-party organization as soon as possible and start the actual rectification as soon as possible to avoid formalistic delays.

Q5: What can lawyers do to assist in achieving compliance and avoiding prosecution?

Lawyers can assist enterprises in the following aspects: first, assessing whether they meet the conditions for applying for non-prosecution due to compliance; second, designing practical and feasible compliance rectification plans covering internal control, risk prevention, training, and accountability; third, coordinating with third-party supervision and evaluation mechanisms and preparing acceptance materials; fourth, formulating defense strategies for both corporate and individual responsibilities; fifth, communicating with the procuratorial organs to seek lenient treatment. The compliance issues of enterprises and contract risks can be cross-referenced with each otherBusiness and contract disputes in enterprisesThe column obtains collaborative ideas.

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 court may affect the conclusions. Welcome to consult Henglu 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, 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. If you encounter disputes, please consult a practicing lawyer in time.