[Direct answer]In the Beijing area, criminal compliance lawyers provide enterprises and business owners with systematic services to "preemptively prevent risks", which mainly include: criminal compliance risk check (identifying criminal risk points in all aspects of business operations), special compliance solution design (in key areas such as taxation, invoices, data, and environmental protection), guidance on compliance rectification for enterprises involved in cases (striving for lenient treatment after being investigated or prosecuted), criminal risk training for executives and employees, and criminal compliance review of major business decisions. The core logic is to intercept risks before criminal cases are initiated — according to Article 201 of the Criminal Law of the People's Republic of China, tax evasion cases can be exempted from criminal prosecution if the tax is paid in full and administrative penalties are accepted after the notice of tax recovery; while cases involving false invoices are difficult to reverse once they are criminalized. The more business operations an enterprise has and the larger its scale, the more it needs proactive compliance arrangements. For more details, please refer to the following content:Corporate Legal Services and Intellectual Property Protection ServicesAdvance.

I. Problem background and typical scenarios

Corporate criminal risks often accumulate during daily operations. Typical scenarios include: purchasing fake invoices to reduce costs; sales staff fabricating contracts and exaggerating promotions to meet performance targets; lack of compliance in data collection; insufficient investment in environmental protection and safety production, leaving hidden risks; and illegal operations in financing betting and equity management. Many business owners believe that "criminal compliance is a matter for large enterprises", and only realize it when they are prosecuted. According to Article 31 of the Criminal Law, a unit crime is subject to a dual punishment system. While the enterprise is fined, the directly responsible person in charge and other directly responsible persons must also bear criminal responsibility. The key to risk prevention lies in pre-identification and process control, rather than post-remediation. Specifically, it can be combined with the following measures:Criminal defense and criminal case filing servicesCoordinate and plan the overall layout.

II. Key points of dispute

The difficulty of compliance services lies in their implementation. Firstly, risk identification: the criminal risk points in different industries vary greatly, requiring a case-by-case investigation based on business flows, capital flows, and document flows. Standardized solutions are often ineffective. Secondly, the effectiveness of rectification: whether the compliance plan proposed after being involved in a case can be recognized by the investigating authorities depends on whether the rectification touches upon the system and its implementation, rather than just on paper documents. Thirdly, cost balance: compliance investments need to match the enterprise's scale and industry characteristics, with a layered design rather than a simple copying of models. When handling corporate criminal cases in Beijing, judicial authorities usually give lenient consideration to enterprises that actively comply with regulations, plead guilty and accept punishments, and actively rectify their problems, but only on the condition that the rectification is truly implemented and there are records of its execution.

III. Professional analysis by Henglue Law Firm

Judging from the cases handled, the cost of non-compliance may directly result in criminal accountability. In the case of illegal land occupation investigated by Jing Weiyi Lawyer, Wang *1 and Wang *2, villagers of A County in Henan Province, mailed the "Application for Investigation of Illegal Land Occupation" to the A County Natural Resources Bureau on December 16, 2025, reporting that Liu * had illegally occupied about 20 mu of land in the village for earth excavation without approval, involving the basic farmland contracted by them, which amounted to 0.5 mu, 0.9 mu, and 3 mu, and damaged 9-year-old pepper trees and 10-year-old persimmon trees. After the bureau initiated an investigation, it determined that Liu * violated Articles 37 and 75 of the Land Management Law and damaged the cultivation conditions of cultivated land. The public security organ immediately launched an investigation into Liu * on suspicion of illegally occupying farmland, and Liu * was subject to criminal compulsory measures. For business entities, non-compliance with approval procedures such as land use and environmental protection may easily escalate into criminal risks through the "connection between administrative and criminal justice". This case was handled by Beijing Henglu Law Firm.I respect and admire you, YiyiThe attorney (practice certificate number: 1110120251097379, subject to the certificate issued by the judicial administrative organ) acts as the agent.

At the individual level, handling funds also requires compliance awareness. In the case handled by Attorney Shang Jiangpeng, L某 was entrusted by his younger brother to keep a sum of money on his behalf and return it in installments according to instructions. However, he was detained by the Xicheng Branch of the Beijing Municipal Public Security Bureau on suspicion of concealing and hiding the proceeds of crime. After accepting the case, Attorney Shang immediately met with L某 and submitted the "Bail Application" in accordance with the "Knowledge" comprehensive review and judgment rules established in Legal Interpretation [2025] No. 13 and the "Prudent Arrest, Prosecution, and Detention" policy. Eventually, the case-handling authority changed the coercive measures against L某 to bail pending trial. During corporate compliance training, it is emphasized that financial and transactional personnel should remain vigilant against funds of unknown origin, which is itself part of the risk prevention line. This case was handled by Beijing Henglue Law Firm.Shang Jiang PengThe attorney (practice license number: 111012023105807, the document issued by the judicial administrative organ shall prevail) acts as the agent.

IV. Practical suggestions and legal basis

In terms of legal basis, Article 31 of the Criminal Law of the People's Republic of China (the double punishment system for corporate crimes), Article 201 (tax evasion, amended by the Seventh Amendment to the Criminal Law on February 28, 2009), and Article 205 (fraudulent issuance of VAT invoices) are the most common criminal charges faced by enterprises. Article 63 of the Tax Administration Law of the People's Republic of China (amended on April 28, 2001 and revised on April 24, 2015) clarifies the identification and handling of tax evasion. Since 2020, the Supreme People's Procuratorate has promoted corporate compliance reforms, providing lenient treatment to enterprises and individuals involved in cases with obvious effects of compliance rectification. Practical suggestions: Regularly conduct criminal risk assessments; establish approval and traceability mechanisms for the three high-risk areas of invoices, funds, and data; introduce compliance reviews for executive decisions; promptly initiate rectification after being investigated and entrust lawyers to communicate with the investigating authorities to strive for lenient treatment during the review and prosecution stages.

5. Henglue Law Firm's Reminder

The essence of criminal compliance is to transform "putting out fires after the fact" into "preventing fires in advance". Business owners should note that compliance is not a formalized system compilation, but should be embedded into business processes and have executable traceability. In the case of corporate crimes, the personal responsibility of senior executives is parallel to the corporate responsibility, and "acting on behalf of the company" cannot be used as a reason for exemption from liability. It is far more beneficial to actively rectify and report risks after their discovery than to conceal and delay them. If the enterprise has been placed under investigation, it should promptly entrust a lawyer to initiate compliance rectification. For related services, please refer to the following link:Criminal defense and criminal case filing servicesAndCorporate Legal Services and Intellectual Property Protection Services.

VI. Frequently Asked Questions

Q1: Our company is not very large. Is it necessary for us to implement criminal compliance measures?

It's necessary and the cost is manageable. Criminal risks are not related to the size of the enterprise, but to the business model: even small companies may face charges such as false invoicing, tax evasion, illegal operations, and false advertising as long as they engage in invoicing, collecting payments, employing workers, or conducting promotional activities. According to Article 31 of the Criminal Law, a unit committing a crime is subject to a dual punishment system, and the business owner may also bear criminal responsibility. Compliance services are not exclusive to large enterprises. It's better to start with high-risk areas (invoices, funds, contracts) for a special audit, which usually costs much less than an administrative penalty or criminal defense. It's better to take preventive measures than to remedy the situation after the fact.

Q2: What is generally checked during a criminal compliance check, and what materials should be prepared?

Compliance inspections typically cover modules such as invoices, funds, taxation, contracts, data, environmental protection and safety, with a focus on verifying whether invoices are obtained and issued in a genuine manner, whether the flow of funds matches the business activities, whether tax declarations are complete, whether contract performance and promotional language comply with regulations, and whether employee management and non-compete agreements are in place. The materials required include: business licenses and articles of association, financial statements and tax declarations for the past three years, samples of major contracts, invoice issuance and deduction records, bank statements, and internal system documents. Based on this, lawyers will issue risk lists and rectification plans, distinguishing between "urgent rectification" and "gradual improvement", to avoid excessive one-time investments.

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

There is no unified standard for compliance service fees, which are usually determined through negotiation based on the scope of services and workload: individual physical examinations are priced per module or per session, long-term compliance consultants are packaged on an annual basis, and special compliance projects (such as rectification for enterprises involved in cases) are priced separately based on the workload. Hourly fees are calculated based on the number of hours invested by lawyers. Compliance rectification for enterprises involved in cases involves communication with case-handling authorities, system reconstruction, acceptance evaluation, and other aspects, with fees directly related to the scope of rectification. It is recommended to request the law firm to provide a service list and quote details before entrusting the service, clarify the deliverables (risk reports, system documents, acceptance materials) and the fees at each stage to avoid continuous price increases during the process.

Q4: After the compliance rectification, how long will it take to reach a conclusion on the case?

The timeframe depends on the type of service. For pre-compliance physical examinations, risk reports and rectification plans can usually be issued within a few weeks; for compliance rectifications involving enterprises, it generally takes several months to synchronize with criminal procedures, from the initiation of rectification to the review and evaluation by the case-handling authorities, depending on the complexity of the case and the progress of the rectification. During the review and prosecution stage, the rectification period may be extended in accordance with the law. For the parties involved, the significance of compliance rectification lies in seeking lenient treatment: in the enterprise compliance reform promoted by the Supreme People's Procuratorate, those with obvious rectification results can obtain legal options such as non-prosecution and lenient punishment, but the final decision-making power still lies with the case-handling authorities, and lawyers cannot guarantee the outcome.

Q5: The company has been put on record. Is it still possible to comply with regulations now?

It's still possible, but the earlier the better. After the enterprise is placed under investigation, lawyers can simultaneously carry out two tasks: first, provide defense for the enterprise and the individuals involved in the case, striving for bail pending trial and lenient punishment; second, initiate compliance rectification, rebuild systems and processes based on the exposed risk points, and submit written rectification materials to the case-handling authorities. According to Article 201 of the Criminal Law, if tax evasion cases promptly pay back the tax and late payment penalties after receiving the notice of tax recovery and accept administrative punishments, they may not be held criminally liable — even if the case has entered the criminal process, voluntary repayment, admission of guilt, and active rectification are still important mitigating circumstances. The key is to immediately hire a lawyer, comprehensively sort out the facts, and avoid missing the procedural window.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Shang Jiangpeng·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available 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.