[Direct answer]In the Beijing area, when choosing a criminal compliance lawyer, it is important to consider whether they have a criminal law professional background, practical experience in corporate compliance, and the ability to coordinate across different criminal charges, rather than simply relying on their titles or promotional materials. Corporate criminal compliance relies on the provisions of the Criminal Law of the People's Republic of China regarding corporate crimes and the reform policies related to corporate compliance in cases involving criminal charges. Through conducting criminal risk assessments on business models, financial operations, and business processes, implementing system reforms, and implementing compliance plans, lawyers aim to secure non-prosecution or lenient treatment for clients. Professional lawyers do not promise to secure acquittals, but instead provide actionable solutions based on risk identification. It is recommended to prioritize selecting teams with experience in handling similar corporate cases. For more information, please refer to the following link:Criminal defense and legal services for criminal case filing.

I. Problem background and typical scenarios

In recent years, the demand for corporate criminal compliance has grown rapidly, with typical scenarios including risks such as false invoicing, bribery, environmental pollution, and infringement of intellectual property rights in corporate operations; executives worried about personal involvement in corporate crimes; and the need to identify and address potential criminal risks before preparing for financing and going public. Many business owners mistakenly believe that compliance simply means writing rules, neglecting that risk identification and implementation of corrective measures are the key. Choosing the right compliance lawyer directly affects whether risks can be effectively mitigated. Relevant corporate risks can be addressed in conjunction with the following measures:Creditor-debtor relations and enforcement case servicesCoordinated assessment.

II. Key points of contention

There are three controversies and misunderstandings. Firstly, professional match: using ordinary civil and commercial lawyers to handle criminal compliance often fails to grasp the substantive risks of criminal cases. Secondly, the scope of application: compliance cannot guarantee exemption from punishment, but its value lies in identifying risks and establishing evidence chains for exemption from or reduction of liability. Thirdly, implementation capability: whether they have experience in rectification guidance, compliance acceptance, and the connection between compliance and criminal justice. For issues involving corporate internal governance, reference can be made to the relevant provisions of the Criminal Law and the Guidelines on the Application of the Criminal Law in Corporate Crime Cases.Special services and other case services.

III. Professional analysis by Henglue Lawyers

Taking the case of justifiable defense not being prosecuted handled by our firm as a reference, it can be seen that accurate characterization is decisive for the outcome. Y * and Z * had a fight by throwing wine bottles at each other during a meal, resulting in Y * suffering a second-degree serious injury to his left eye and Z * a second-degree light injury to his left arm. Y * was detained on bail pending trial and transferred for review and prosecution on suspicion of intentional injury. After reviewing the case file, the attorney handling the case pointed out that Y *'s counterattack against Z *'s continuous provocation and illegal infringement was of a defensive nature and did not significantly exceed the necessary limits. According to Article 20 of the Criminal Law of the People's Republic of China and Articles 16 and 177 of the Criminal Procedure Law of the People's Republic of China, an application for non-prosecution was submitted. The procuratorate ultimately made a decision of non-prosecution against Y * in accordance with Article 16 of the Criminal Procedure Law. This case shows that accurate judgment by professional lawyers on the nature of the act and the application of the law often directly changes the direction of the case. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Corporate criminal compliance is primarily based on the provisions on corporate crimes in the Criminal Law of the People's Republic of China (amended on December 26, 2020), as well as relevant policies and regulations on compliance reform for enterprises involved in criminal cases; specific rectifications must be in line with industry regulatory rules. Practical suggestions: First, conduct a criminal risk check to identify criminal law risk points in business, financial, and personnel aspects; then develop a compliance plan and provide guidance for its implementation and documentation; for those who have entered the judicial process, connect with compliance rectification to strive for leniency. For matters involving contracts and corporate governance, follow-up actions can be taken accordingly.Creditor-debtor relations and enforcement case services.

5. Henglue Law Firm's Advice

When selecting a compliance lawyer, don't be fooled by their titles. Instead, focus on whether they have actual experience in handling criminal cases and cross-field collaborative capabilities. The essence of compliance is risk identification and responsibility isolation. It cannot replace individual case defense and cannot promise exemption from punishment. It is recommended that enterprises take the initiative to conduct risk assessments before risks emerge and entrust professional lawyers as soon as possible after being involved in cases to fix mitigating circumstances. If you need assistance, please contact us via the following link:Criminal defense and criminal case filing servicesMake an appointment for a team evaluation.

VI. Frequently Asked Questions

Q1: Can hiring a criminal compliance lawyer really help companies avoid criminal liability?

Compliance cannot guarantee exemption from punishment, but it can significantly reduce criminal risks and strive for lenient treatment when involved in cases. According to the compliance reform policies of the enterprises involved in the case, units that establish effective compliance systems, complete rectifications, and pass inspections can strive for non-prosecution or lenient treatment; for responsible persons, compliance records can also serve as evidence of responsibility segregation and subjective non-fault. Its value lies in pre-emptive risk prevention and post-event exemption from liability and reduction of responsibility, rather than guaranteed success. It is recommended to make compliance a normalized governance practice, rather than a remedial measure taken only after problems arise.

Q2: What qualifications and experience should one look for when choosing a criminal compliance lawyer?

There are three key points to consider: First, the lawyer's criminal law background—whether they have long-term experience in handling criminal cases and are familiar with criminal law and criminal procedure law; Second, their practical experience in compliance—whether they have led risk assessments, developed compliance plans, and implemented them successfully; Third, their ability to collaborate across different fields—whether they can coordinate with civil and commercial law, taxation, and administrative teams. When selecting a lawyer, it is necessary to require them to describe their experience with similar projects and deliverables, and to sign a power of attorney contract that clearly specifies the scope of services and fees. It is also important to remain vigilant against lawyers who only focus on building relationships without providing substantive analysis.

Q3: What is the approximate fee for corporate criminal compliance services?

Most corporate compliance projects are priced on a lump-sum basis or negotiated based on the workload, which is influenced by the size of the enterprise, industry risks, and the depth of rectification. The specific pricing shall be subject to the contract terms and there is no unified standard. Some projects may be charged in stages. It should be noted that risk-based fees are prohibited in criminal litigation cases according to law. It is recommended to require the law firm to provide a detailed fee breakdown before entrusting the project, clarify the quotations for each stage of risk assessment, system rectification, and acceptance guidance, as well as third-party expenses such as travel expenses, and sign a formal contract.

Q4: How long does it usually take to rectify corporate criminal compliance issues?

The duration of the cycle depends on the complexity of the risks and the depth of the rectification. Generally, risk assessments take several weeks, while system rectification and implementation guidance often require three to six months, and it may take even longer if it involves multiple business lines or requires regulatory approval. If the case has already been investigated and entered the compliance review stage, the review period is usually no less than several months, determined by the investigating authority based on the specific circumstances of the case. Overall, compliance is an ongoing project, and it is recommended to set aside sufficient time and maintain full documentation throughout the process.

Q5: If a company wants to implement criminal compliance, how exactly should they proceed with the process?

The first step is to sort out the business, financial, and personnel processes and identify the aspects that may involve criminal law. The second step is to entrust a team with criminal law experience to conduct a risk assessment and provide a risk list and rating. The third step is to develop a targeted compliance plan, assist in the implementation of the system, and organize training to document the process. The fourth step is to apply for compliance rectification once the case has entered the judicial process, in order to strive for leniency. Throughout the process, written and video evidence should be preserved, and when necessary, a legal opinion should be issued by a lawyer.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit.Criminal defense legal services·Attorney Shang Jiangpeng·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.