[Direct answer]In the Beijing area, it is strongly recommended that enterprises hire professional lawyers for criminal compliance, especially when they are involved in criminal cases or face criminal risks. Corporate compliance rectification, non-prosecution for compliance, and defense against corporate crimes all involve the precise application of criminal law, criminal procedure law, and the rules of corporate compliance reform. It's difficult for non-professionals to grasp these concepts. 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 guilty pleas and sentencing agreements applies. Article 37 of the Criminal Law of the People's Republic of China (amended on December 26, 2020) stipulates non-punitive measures, providing room for leniency after corporate compliance rectification. Professional lawyers can help enterprises identify risks, design rectification plans, coordinate with third-party supervision and evaluation, and formulate defense strategies. For related enterprise services, please refer to the following information:Business and contract disputes in enterprisesColumn.

I. Problem Background and Typical Scenarios

Such issues often arise in several scenarios: First, the company receives a notice of criminal investigation or the person in charge is summoned for questioning, and urgent compliance and defense support is needed; Second, the company encounters criminal red lines in daily operations, such as tax-related, environmental protection, intellectual property, and financial issues, and hopes to implement compliance in advance; Third, the company has already entered criminal litigation and wants to seek non-prosecution or lenient punishment through compliance rectification; Fourth, the company is concerned about being implicated in corporate crimes due to complex related-party transactions and fund flows; Fifth, the company plans to raise funds for listing and needs a compliance check to eliminate criminal risks. When handling similar cases in the Beijing area, it is usually recommended to first conduct a compliance risk assessment and then decide whether to engage a specialized lawyer. For related services, please refer to the following information for reference.Business and contract disputes in enterprisesColumn.

II. Key points of contention

The first focus is whether a lawyer is needed. Complex corporate criminal cases have high professional thresholds, and it's easy to overlook risks if handled independently. The second focus is the effectiveness of compliance rectification, which requires establishing genuine internal controls rather than just going through the motions. The third focus is the boundaries of corporate and individual responsibilities. The personal responsibility of the responsible person may not be exempted due to the company's compliance. The fourth focus is passing the third-party supervision and evaluation, which is the key to obtaining leniency. The fifth focus is the cost difference between proactive compliance and ex-post rectification, with preventive measures being much more cost-effective. The sixth focus is the role collaboration between lawyers in compliance and defense. Specifically, the current effective laws and regulations and judicial rulings shall prevail, and 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 involving enterprises handled by our firm as examples, we can see the role of professional lawyers in responding to criminal risks. Firstly, C某 was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau in May 2026 for allegedly disseminating three obscene videos on a forum, with a total of approximately 5,000 views and 1,000 downloads, and no profit-making involved. The lawyer successfully argued that the crime threshold was not met and there was no social danger, and combined with the circumstances of voluntary surrender and plea bargaining to submit a "Legal Opinion on Bail Pending Trial", resulting in the Haidian Branch deciding to grant bail to C某 on June 24, 2026, demonstrating the lawyer's professional control over the crime standard and danger. Secondly, W某 was criminally detained on December 20, 2025 for allegedly operating a gambling house. As a chat streamer on the platform with a low status and a subordinate role, and suffering from a pituitary tumor requiring continuous treatment, the lawyer submitted an "Application for Bail Pending Trial" based on her subordinate status and illness, and was granted bail on January 19, 2026, highlighting the accurate distinction of different subject statuses. Thirdly, in a criminal case involving intentional homicide with accompanying civil litigation represented by Attorney Liu Lijian, the lawyer refuted the defense arguments through a comprehensive review of the case file and evidence analysis, safeguarding the rights of the victim's family, demonstrating the role of professional representation in clarifying the facts in major criminal cases. The above cases show that when enterprises or individuals are involved in criminal cases, the lawyer's accurate judgment of the crime threshold, subject status, and mitigating circumstances is the foundation of compliance rectification and defense. Enterprises introducing professional lawyers can integrate risk identification, rectification design, and litigation defense to advance in a coordinated manner. This case is handled by Beijing Henglue 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 proposal: First, establish a compliance check in daily operations to identify criminal red lines involving taxation, environmental protection, intellectual property, and finance. Relevant enterprise services can be referred to for referenceBusiness and contract disputes in enterprises1. The first step is to establish a compliance program as soon as possible after being involved in a criminal case, evaluate the feasibility of compliance rectification and the possibility of non-prosecution, and formulate a practical rectification plan covering internal control, risk management, training, and accountability. 2. Cooperate with third-party supervision and evaluation and pass the acceptance inspection. 3. Evaluate the responsibilities of both the unit and individuals separately to avoid misjudging the scope of exemption from liability. 4. In terms of 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 enterprises shall be based on relevant guidance opinions.

5. Henglu Law Firm's Reminder

Risk Alert: First, corporate criminal compliance is not about "spending money to buy peace of mind", and it must be based on genuine and effective rectification; Second, corporate compliance does not necessarily exempt directly responsible supervisors and other directly responsible personnel from criminal liability; Third, the cost of establishing a compliance system in advance is far lower than that of rectification and defense afterwards; Fourth, there are boundaries to the applicable objects and charges, and not all corporate-related crimes can be exempted from prosecution through compliance. It is recommended that enterprises introduce professional lawyers to conduct compliance inspections and rectifications as soon as possible, and they can refer to the relevant provisions for reference.Special services and other casesThe column introduces specialized criminal services.

VI. Frequently Asked Questions

Q1: Is it necessary to hire a lawyer for corporate criminal compliance?

It's not legally mandatory, but it's strongly recommended. Compliance rectification, compliance non-prosecution, and corporate crime defense involve the precise application of criminal law, criminal procedure law, and the rules of corporate compliance reform. It's difficult for non-professionals to grasp the threshold of criminalization, the distinction of responsibilities, and the requirements of third-party assessments. Lawyers can help enterprises identify risks, design rectification plans, coordinate with assessments, and formulate defense strategies, significantly enhancing the effectiveness of compliance and the possibility of leniency. It's particularly advisable to hire a lawyer early in complex corporate-related cases.

Q2: What can a lawyer do to ensure corporate compliance?

Lawyers can assist enterprises in the following aspects: first, conducting compliance risk assessments to identify criminal redlines in taxation, environmental protection, intellectual property, and finance; second, evaluating whether there is room for compliance rectification and non-prosecution; third, drafting practical rectification plans covering internal control, risk management, training, and accountability; fourth, coordinating with third-party supervision and evaluation and preparing acceptance materials; fifth, formulating defense strategies for both corporate and individual responsibilities. For related enterprise services, please refer to the following reference materials:Business and contract disputes in enterprisesColumn.

Q3: How much does it cost to hire a lawyer for corporate compliance?

The fees are determined based on the size of the enterprise, the complexity of the alleged crime, the amount of remedial work required, and whether follow-up defense consultations are included, with no uniform standard. The fees for pre-compliance audits and those involving comprehensive remediation, evaluation, and non-prosecution defense vary significantly. It is recommended to first consult on the risk scope and remediation needs before quoting a price, and to sign a standardized engagement agreement to clarify the fee structure to avoid ambiguous billing practices.

Q4: How long does it usually take for a company to implement criminal compliance measures?

The pre-compliance physical examination and system construction may take several weeks to several months; if the case has entered the criminal litigation process and compliance rectification has been initiated, it typically involves stages such as plan formulation, implementation of rectification, third-party supervision and evaluation, and acceptance by the procuratorial organ. The review and prosecution time limit will be extended according to the rectification period. The key is to start as early as possible and carry out genuine rectification to avoid formalistic delays.

Q5: How can companies effectively implement criminal compliance measures?

The first step is to entrust a lawyer to conduct a compliance risk investigation and identify potential criminal risks. The second step is for the lawyer to draft a rectification plan covering internal control, risk management, training, and accountability. The third step is to implement the plan effectively and maintain written records. The fourth step is to cooperate with third-party supervision and evaluation and pass the review. The fifth step is to continuously maintain the compliance system to avoid any setbacks. For issues related to contracts and corporate governance, cross-referencing may be necessary.Business and contract disputes in enterprisesThe column obtains collaborative ideas.

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

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. →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 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. In case of disputes, please consult a practicing lawyer in time.