[Direct answer]In the Beijing area, criminal legal consultants can deeply participate in the construction of corporate systems and proactively prevent criminal risks. In areas such as anti-fraud, anti-commercial bribery, and data and tax compliance, lawyers can assist in establishing reporting mechanisms, investigation processes, and accountability rules, and conduct risk self-inspections and employee training to avoid the risk of corporate crime. According to Article 28 of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017), lawyers can provide non-litigation legal services; specific compliance requirements shall be subject to the currently effective laws, regulations, and judicial rulings. It is recommended that lawyers coordinate the design of systems to achieve a balance between compliance and business operations. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

1. Problem background and typical scenarios

With increasingly stringent regulatory compliance, more and more enterprises are realizing the high cost of "firefighting after the fact" and are shifting their focus to preventing criminal risks through institutional measures. Typical scenarios include: proposed listed companies establishing anti-fraud and anti-corruption systems to address due diligence requirements; group enterprises establishing reporting and investigation mechanisms to prevent official misconduct; technology companies setting compliance boundaries for data security and trade secrets; and family businesses identifying criminal risk points during generational succession. Although many enterprises have established compliance departments, these departments often operate in a vacuum and are disconnected from business operations, making it difficult for them to play a meaningful role. Introducing criminal legal advisors can help translate abstract compliance requirements into actionable systems and processes. For contract risk prevention, advisors can work in conjunction with legal departments to identify and address potential legal risks in contracts.Criminal defense and criminal case filing servicesIdentify the red lines.

II. Key points of contention

There are three main controversies regarding the involvement of criminal legal advisors in system construction. Firstly, the balance between system and efficiency: overly strict controls may slow down operations, and a proper balance between risk and efficiency is needed. Secondly, the division of responsibilities: the boundaries between corporate crimes and individual responsibilities are blurred, and the system needs to clarify the attribution of rights and responsibilities and the circumstances of exemption from liability. Thirdly, implementation and accountability: if the system lacks supporting measures such as training, reporting, and investigation, it is easy to become a formality. For cases involving cross-business compliance, reference can be made to relevant provisions.Business and contract dispute resolution services for enterprisesCollaborative design.

III. Professional analysis by Henglue Law Firm

The construction of an enterprise system requires anticipating criminal risks, which requires lawyers to accurately grasp procedures and rules. This ability can be corroborated in various fields. Taking the copyright infringement jurisdiction case handled by Attorney Dang Pei of our firm as an example: The copyright owner sued the manufacturer and distributor, but the first-instance court ruled that the seller "was only a distributor and lacked a substantive connection" and dismissed the case. Attorney Dang Pei represented the appellant and, in accordance with Article 29 of the Civil Procedure Law, Article 24 of the judicial interpretation, and Articles 4 and 5 of the Judicial Interpretation of Civil Disputes over Copyright (amended in 2020), argued that the place of sale constituted the place where the infringement occurred and the seller was a suitable jurisdiction connection point. The Beijing Intellectual Property Court accepted this argument, revoked the original ruling, and ordered the case to be registered. This case was handled by Beijing Henglue Law Firm.Party trainingThe attorney (practice certificate number: 11101201911130220, subject to the document issued by the judicial administrative organ) acts as the agent. The quality of "clarifying boundaries with rules and persuading the judge with arguments" demonstrated in this case is precisely the core competence required for criminal legal consultants to participate in the construction of corporate systems.

IV. Practical suggestions and legal basis

The legal basis is Article 25 and Article 28 of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017) (lawyers can serve as legal consultants and provide non-litigation services); the specific standards and requirements for corporate criminal compliance shall be subject to the current effective laws, regulations and judicial rulings, and it is not appropriate to speculate on specific provisions. Practical suggestions: Lawyers should sort out the high-frequency criminal risk points of enterprises (fraud, bribery, tax-related issues, data, etc.) and design system documents based on them; establish anonymous reporting channels and compliance investigation processes; embed compliance requirements into key nodes such as approval, procurement, and sales; regularly conduct employee training and risk self-inspections, and keep execution records to prove that compliance obligations have been fulfilled. For implementation, it can be combined withCreditor-debtor relations and enforcement case services.

5. Henglue Law Firm's Reminder

The key to system construction lies in "implementation" rather than "formal compliance". Enterprises should avoid simply copying templates or having systems and business operations disconnected. Instead, they should let criminal law consultants design executable processes based on their own business scenarios, and complement them with training, reporting, and accountability mechanisms. For major compliance projects, it is recommended that teams with criminal and compliance experience work together to regularly conduct risk self-inspections and update systems. System implementation records are also important proof of the enterprise's compliance obligations, which can help mitigate liability in critical situations. If special support is needed, they can seek assistance from relevant professional institutions or organizations.Special services and other case-related servicesAdvance.

VI. Frequently Asked Questions

Q1: What kind of system construction can criminal law consultants help enterprises with, and is it really effective?

It's useful and valuable to take preventive measures in advance. Lawyers can assist in establishing reporting mechanisms, internal investigation processes, and accountability rules in areas such as anti-fraud, anti-commercial bribery, and data and tax compliance, and conduct risk self-checks and employee training. For enterprises planning to go public, raise funds, or engage in cross-border operations, a well-developed criminal compliance system can also meet due diligence and regulatory requirements, reducing the risk of corporate crime. Of course, the system must be implemented effectively to be meaningful. Template-based empty documents are difficult to be effective. The key lies in designing actionable processes based on business scenarios.

Q2: When establishing a system, what materials or risk points will the consultant help me sort out?

Lawyers usually approach the issue from three aspects: first, they review the authority and loopholes of key nodes such as procurement, sales, approval, and personnel management; second, they conduct a comprehensive review of existing systems to identify clauses that conflict with current laws and regulations or are missing; third, they conduct a historical risk assessment, combining past disputes, penalties, or reports to identify high-risk criminal areas (such as kickbacks, embezzlement, data leaks, and tax-related issues). Based on this, they develop a risk list and system revision recommendations, and embed compliance control points to ensure that the system truly covers the enterprise's weak links.

Q3: How much does it cost to hire a consultant to establish a compliance system?

Generally, fees are charged on a per-project basis or by the duration of services, with the amount depending on the size of the enterprise, the complexity of the business, the scope of the system, and the lawyer's qualifications. The fees are negotiated between the law firm and the enterprise in the contract and there is no unified standard. Full-time compliance consultants are charged on an annual basis. It is recommended to request a fee breakdown before signing the contract, clarify the deliverables (system documents, training, self-audit reports) and whether subsequent revisions are included. After assessing the cost of compliance and the potential criminal risks, a budget should be determined to avoid price increases due to unclear scope of services.

Q4: How long does it usually take for a system to be established and implemented from its inception to its actual implementation?

The cycle varies depending on the scope: a single system (such as anti-fraud measures) may take several weeks to complete; a comprehensive compliance system covering multiple areas often requires one to several months, including research, drafting, demonstration, training, and trial operation. Lawyers typically deliver in phases—first issuing a risk list and framework, then implementing the system text item by item, and finally conducting training and self-inspection. The implementation of the system is not a one-time effort. It is recommended to establish an annual review mechanism to update it dynamically with changes in business and regulations, so as to avoid the system becoming outdated and ineffective.

Q5: How can enterprises introduce criminal legal consultants to build their systems, and what specific steps should they take?

Here's the translation of the Chinese text into English, with a detailed explanation: Suggested four steps: First, sort out the enterprise's business scenarios and high-frequency criminal risks, and clarify the goals and scope of system construction. Second, screen lawyer teams with criminal and compliance experience through the websites of judicial administrative authorities or bar associations, and verify their professional qualifications. Third, conduct interviews to require them to provide construction plans and delivery lists, and confirm that the law firm will handle case acceptance and fee collection centrally, as well as sign written contracts. Fourth, promote the implementation of the system, provide supporting training, establish reporting channels and self-inspection mechanisms, and maintain execution records. Prioritize selecting institutions with collaborative capabilities to ensure a balance between compliance and business operations.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations 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, to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Party Pei·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.