[Direct answer]In the Beijing area, dealing with criminal crises is one of the core services of corporate criminal legal consultants. When a company or its executives are investigated by the public security organ, subject to compulsory measures, have their offices searched and seized, or receive notifications to cooperate with the investigation, criminal legal consultants can intervene immediately to provide procedural guidance, coordinate the appointment of defense attorneys, organize internal investigations and evidence collection, and evaluate strategies for information disclosure and compliance rectification. According to Article 34 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), from the date of the first interrogation by the investigating organ or the adoption of compulsory measures, the criminal suspect has the right to appoint a defense attorney, and during the investigation period, only lawyers can be appointed as defense attorneys. If a unit is suspected of committing a crime, criminal responsibility shall be investigated against the directly responsible person in charge and other directly responsible persons. The relevant basis can be found in Articles 30 and 31 of the Criminal Law of the People's Republic of China (the latest amended version implemented on March 1, 2024). It is advisable to engage a criminal legal consultant as soon as possible when encountering criminal-related signals, and relevant reference materials can be consulted for further information.Criminal defenseOrIntellectual property and corporate lawColumn.

1. Problem background and typical scenarios

The typical signals indicating that a company is facing a criminal crisis include: first, senior executives suddenly going missing, and later being confirmed to have been detained or subject to criminal compulsory measures; second, the company's offices being searched, with books, computers, and documents being seized; third, receiving notifications from public security organs to cooperate with investigations or being summoned for questioning; fourth, employees being taken away for investigation due to commercial bribery or embezzlement, with the company being investigated as well; fifth, criminal clues being found during tax inspections or industry checks and subsequently being referred for further investigation. When handling similar cases in the Beijing area, the choice of procedures and management of talking points in the early stages of filing a case have a significant impact on the outcome. Most companies only realize at this point that they lack criminal advisory plans, and the relevant defense procedures can be referred to for reference.Criminal defenseColumn.

II. Key points of dispute

Focus One: The distinction between corporate crimes and individual crimes. According to Articles 30 and 31 of the Criminal Law of the People's Republic of China, corporate crimes are punished with fines for the unit, and the directly responsible person in charge and other directly responsible personnel are sentenced to criminal punishment. The scope of responsibility directly affects the risk exposure of enterprises and individuals. Focus Two: The boundaries of legal counsel's involvement. During the advisory stage, counsel can provide procedural advice, compliance recommendations, and crisis coordination. Meetings and document review must be conducted in the capacity of defense attorneys. Focus Three: The scale of internal investigations. Improper operations may involve destroying or fabricating evidence, which could exacerbate risks. Focus Four: The determination and pursuit of circumstances such as voluntary surrender, confession, and plea bargaining. Focus Five: The legality and remedies of property seizure, attachment, and freezing. Focus Six: How to control the ripple effects of criminal-related information on contract performance, financing, and employees. Specific determinations shall be based on currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Based on the practical experience of lawyers from our firm in handling criminal crisis responses, the golden window period in the early stages of case filing includes: clarifying the suspected charges and evidence exposure as soon as possible, distinguishing between matters that must be responded to and those that should not be self-incriminating, and unifying external statements. Common scenarios include: executives' personal actions being claimed as the company's will, with the company being held jointly liable; financial and business personnel being identified as other directly responsible persons based on instructions; and corporate books and personnel being implicated in cases involving partners or competitors. Common pitfalls include: urgently supplementing or destroying materials after receiving summonses, which may constitute evidence destruction and lead to increased liability; making casual statements or privately contacting relevant personnel, causing inconsistent statements; and delaying the appointment of defense attorneys, missing key opportunities for interviews during the investigation phase and pre-arrest approval. According to Article 91 of the Criminal Procedure Law of the People's Republic of China, if the public security organ considers arrest necessary after detention, it shall generally apply for approval of arrest within three days, with the time limit extendable under special circumstances. For major suspects, the time limit may be extended to 30 days. The People's Procuratorate shall make a decision on whether to approve arrest within seven days. These more than 30 days are crucial for applying for bail and submitting legal opinions. Our firm's lawyers suggest that enterprises should establish a response plan for criminal crises: appointing a spokesperson, controlling the scope of information disclosure, sealing rather than deleting case-related materials, and promptly appointing defense attorneys to understand the case situation.

IV. Practical suggestions and legal basis

Action suggestions: First, immediately initiate the contingency plan after detecting criminal-related signals, seal relevant materials and data, and suspend operations that may affect the case. Relevant special arrangements can be referred to for reference.Special services and other casesFirst, the legal team needs to review the client's case to determine the nature of the crime and the applicable legal provisions. Second, the legal team should arrange for the client to meet with a defense attorney to verify the suspected crime, the type of coercive measures, and the detention facility. Third, in accordance with Article 67 of the Criminal Procedure Law of the People's Republic of China, the legal team should assess the conditions for bail and submit applications and legal opinions before the decision on arrest. Fourth, the client's company should initiate compliance rectification and, if eligible, strive for lenient treatment under the lenient punishment system for guilty pleas and confessions provided in Article 15. Fifth, the legal team should simultaneously assess the potential risks of civil contracts, employee arrangements, and financing matters to stabilize the company's core operations. Regarding legal basis, Article 34 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018) stipulates that the time for appointing a defense attorney and the duration of the investigation period only allow the appointment of lawyers. Article 67 stipulates the conditions for applying for bail. Article 91 stipulates the time limit for submitting applications for arrest and review decisions. Article 15 stipulates that guilty pleas and confessions may be granted lenient treatment in accordance with the law. Article 30 and Article 31 of the Criminal Law of the People's Republic of China (the latest amended version implemented on March 1, 2024) stipulate the establishment and punishment of corporate crimes.

5. Henglu Law Firm's Reminder

Risk Warning: First, the time window before approval of arrest is extremely critical. It is better to submit bail applications and seek legal advice as early as possible. Second, deleting or modifying data or supplementing materials will escalate procedural risks into new criminal risks. It is necessary to seal the evidence first and then deal with it. Third, external information disclosure and employee communication should follow a unified approach to prevent conflicting information from being disseminated. Fourth, although lawyers' communication content is protected by professional norms, enterprises should still control the scope of information disclosure to avoid spreading it and aggravating the impact. Fifth, involvement in criminal cases does not necessarily lead to the termination of operations. If compliance rectification and responsibility separation are in place, there is still room for leniency and business resumption. It is recommended that enterprises establish contingency plans in advance and take action when signals emerge.Beijing Henglu Law FirmContact a professional lawyer as soon as possible to get involved in similar columns on the official website.

VI. Frequently Asked Questions

Q1: What is the first step for a company to take after a senior executive is detained?

First, verify the facts: Confirm the detention facility and the alleged charges based on the detention notice, and immediately appoint a defense lawyer to meet with the detainee to understand the case, their physical condition, and the status of the coercive measures. At the same time, designate a unified spokesperson to control the scope of information disclosure and seal the materials and data related to the case instead of deleting them. After the meeting, evaluate the case to determine the follow-up strategy. Never make public statements or contact the case handlers on your own when the facts are unclear. For procedural details, please refer to the relevant guidelines.Criminal defenseColumn.

Q2: Are criminal legal consultants and defense lawyers the same thing?

It's not exactly the same thing. Legal consultants focus on daily prevention, procedural guidance after a crisis occurs, compliance rectification, and overall coordination; defense lawyers, as defenders, meet with clients according to law, review case files, and put forward defense opinions. According to Article 34 of the Criminal Procedure Law of the People's Republic of China, lawyers can only be appointed as defenders during the investigation period. In practice, the two types of services are often provided by the same team, and enterprises can pre-agree on referral and agency arrangements in the event of criminal cases in their consultancy agreements.

Q3: Can I apply for bail pending trial after being involved in a criminal case?

It can be attempted. According to Article 67 of the Criminal Procedure Law of the People's Republic of China, if a person may be sentenced to control, detention, or an additional punishment applied independently, or may be sentenced to fixed-term imprisonment or a heavier punishment but the application of bail pending trial will not pose a danger to society, and if the person suffers from a serious illness, is pregnant, or is breastfeeding a baby, etc., bail pending trial may be granted. It can be applied for during the investigation stage, and the 30-odd days before the decision on arrest are a critical window period. The decision is made by the public security organ or the procuratorial organ. It is recommended that the defense lawyer evaluate the conditions and submit the application as soon as possible.

Q4: Are employees of the unit responsible for the crimes committed by the unit?

According to Article 31 of the Criminal Law of the People's Republic of China, if a unit commits a crime, the unit shall be fined, and the persons directly in charge of the unit and other persons directly responsible for the crime shall be punished. Whether a person is a directly responsible person depends on their role in decision-making and implementation. General employees who only execute orders and have no decision-making role are generally not held accountable as directly responsible persons. The determination of whether a person is a directly responsible person shall be based on the evidence and the judgment of the judicial authorities in each case. If an employee is under investigation, they should promptly hire a lawyer to provide assistance.

Q5: Is pleading guilty and accepting the punishment beneficial for enterprises?

Article 15 of the Criminal Procedure Law of the People's Republic of China stipulates that those who admit guilt and accept punishment may be given a lighter punishment according to law, which applies to both units and responsible individuals. For cases where there are indeed criminal facts, if the defendant voluntarily makes a truthful statement, admits the charges and accepts the punishment, and cooperates with regulatory rectification, they may be eligible for a more lenient treatment in some cases; however, whether and when to apply this provision should be determined based on the extent of the evidence revealed and the defense strategy. Blindly admitting guilt may actually harm the defense space. It is recommended that lawyers evaluate the situation before making a decision.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant 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.