[Direct answer]First, stabilize the situation and then respond. When a company is under criminal investigation, the first thing to do is to hire professional criminal lawyers to handle the case, unify the legal position, and distinguish between the unit's responsibility and the personal responsibility of the directly responsible personnel, to prevent "one person involved in the case, the whole factory being implicated" or the responsibility being misplaced and transferred. The core basis: Article 30 and Article 31 of the Criminal Law of the People's Republic of China (implemented on October 1, 1997, and amended by amendments) stipulate that a unit committing a crime shall be subject to a double punishment system, with the unit being fined and the directly responsible supervisors and other directly responsible personnel being sentenced to criminal punishment; Article 34 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) confirms that all units have the right to appoint defenders. The window period is extremely short: the maximum detention period before approval of arrest is 37 days (Article 91). Any illegal tendencies in the administrative process may also be transferred to the public security organ through the connection between administrative and criminal procedures. Do not delete or transfer any records. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

1. Problem background and typical scenarios

The number of ways in which enterprises are involved in criminal proceedings is increasing, including inspections by supervision teams, being notified by economic investigation units to "cooperate with the investigation", financial executives being taken away, being implicated in upstream and downstream cooperation schemes, and whistleblowing by former employees. Common criminal risks focus on such aspects as falsely issuing VAT invoices, embezzlement, misappropriation of funds, commercial bribery, illegal occupation of agricultural land, environmental pollution, and smuggling. Many enterprises do not realize until enforcement measures are implemented that the "minor issues" in taxation, environmental protection, and land use in the early stage have already laid criminal hidden dangers. The response strategy can be combined with the following aspects:Criminal defense and legal services for criminal case filingGot it.

II. Key points of contention

There are four key points of contention. First, whether it is a corporate crime or an individual crime: only when the crime is committed in the name of the company and the illegal proceeds belong to the company can it be identified as a corporate crime. The liability boundaries of nominal legal representatives and nominal shareholders are debatable. Second, the scope of responsible personnel: the identification of "directly responsible supervisors" and "other directly responsible personnel" directly determines which executives need personal defense attorneys. Third, whether it constitutes a voluntary surrender: those who actively surrender to the authorities and provide truthful statements can be given lenient treatment according to law, while those who passively surrender and provide truthful statements after being arrested are considered to have confessed. Fourth, the value of compliance rectification: during the process of promoting compliance reform in the involved enterprises, effective compliance rectification may become a mitigating factor. The Beijing-based case-handling authorities have strict requirements for the evidentiary standards of corporate crime cases, and the integrity of documentary evidence, electronic data, and approval processes often determines the outcome of the case.

III. Professional analysis by Henglue Lawyers

A case handled by Attorney Jing Weiyi demonstrates how administrative violations can transition into criminal proceedings through the linkage of administrative punishment and criminal prosecution. In May 2024, the perpetrator unauthorizedly occupied approximately 20 mu of land in Shuguang Village, Qianjin Town, A County, Henan Province for earth-removing construction without approval, involving 0.5 mu, 0.9 mu, and 3 mu of basic farmland contracted by villagers. This resulted in land hardening, topsoil erosion, and damage to irrigation systems, as well as the destruction of 9-year-old pepper trees and 10-year-old persimmon trees. On December 16, 2025, Attorney Jing Weiyi assisted the villagers in mailing a "Application for Investigation into Illegal Land Occupation" to the A County Natural Resources Bureau. The bureau initiated a case on April 7, 2026, concluding that the aforementioned actions violated Articles 37 and 75 of the Land Administration Law of the People's Republic of China (amended in 2019). Following legal referral, the public security organ investigated the perpetrator on suspicion of illegally occupying farmland, and the suspect has already been subject to criminal compulsory measures, facing imminent transfer for review and prosecution and criminal trial. The lesson for business operators is that issues in administrative areas such as land occupation, environmental protection, and taxation will not remain solely in the administrative process. Once they meet the standards for criminal prosecution, they will be transferred to the criminal justice system. The time between administrative investigation and criminal compulsory measures may be just a few months. If lawyers are hired only after the suspect is taken into custody, opportunities to secure favorable evidence in the early stages will have been lost. This case was handled by Beijing Henglu Law Firm.I respect and admire you, YiyiThe lawyer (practice certificate number: 1110120251097379, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 30 (the scope of criminal responsibility of units), Article 31 (the punishment for unit crimes), and Article 67 (surrendering oneself and confessing guilt) of the Criminal Law of the People's Republic of China (implemented on October 1, 1997 and amended by amendments); Article 34 (appointing a defense attorney) and Article 67 (bail pending trial) of the Criminal Procedure Law of the People's Republic of China (amended in 2018); the rules for transferring suspected criminal cases established by the Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Agencies (Decree No. 310 of the State Council, promulgated and implemented in 2001); and Articles 37 and 75 of the Land Administration Law of the People's Republic of China (amended in 2019). Action list: 1. Immediately hire a lawyer to unify external communication and ensure all official communications are reviewed by the lawyer; 2. Completely seal financial ledgers, contracts, approval processes, emails, and system logs, and strictly prohibit deletion or transfer; 3. Determine defense arrangements for the unit and involved personnel separately, and senior executives should promptly hire personal defense attorneys; 4. Evaluate the feasibility of voluntarily making statements, returning funds and compensation, and conducting compliance rectifications to strive for lenient treatment; 5. Legally object to obvious over-scope seizures and freezes to safeguard the basic operations of the enterprise. For details, please refer to the following link: [Link description]Criminal defense and legal services for criminal case filing.

5. Henglu Law Firm's Reminder

When a company is involved in a criminal case, the most dangerous thing is not the investigation itself, but the wrong actions taken in panic: deleting records overnight, coordinating testimonies to "collude in perjury", and delaying in seeking legal help may turn administrative issues into serious criminal cases and turn opportunities for leniency into aggravating circumstances. When handling similar cases in the Beijing area, it is recommended to contact the authorities as soon as possible upon receiving the notice to cooperate with the investigation.Beijing Henglue Law FirmInitiate the four tasks of stabilizing the situation, providing evidence, defending, and ensuring compliance simultaneously.

VI. Frequently Asked Questions

Q1: If a company is under criminal investigation, can it receive a lighter punishment if it voluntarily admits guilt?

Not necessarily. Based on the facts and the law: According to Article 67 of the Criminal Law, a person who surrenders himself (automatically surrenders and truthfully confesses) may be given a light or mitigated punishment, and a person who confesses his guilt may be given a light punishment; according to Article 15 of the Criminal Procedure Law (amended in 2018), a person who admits his guilt and accepts the punishment may be given a lenient punishment according to law. However, if the evidence in the case is insufficient and does not constitute a crime, blindly admitting guilt will only reduce the space for defense; if there are disputes over the scope of responsible persons and the ownership of illegal income, these issues should be clarified through defense. Whether to admit guilt and when to admit guilt should be decided by the lawyer after evaluation.

Q2: What materials should enterprises prepare and keep in response to the investigation?

The key points are three sets of materials: First, the main and decision-making materials, including business licenses, articles of association, resolutions of shareholders' meetings and boards of directors, and records of approval processes, which are used to distinguish between the actions of the unit and those of individuals; Second, business and financial materials, such as contracts, invoices, bank statements, tax declarations, and audit reports. It is important to preserve the original carriers of electronic data; Third, records of cooperation with the investigation, including notices, interrogation transcripts, conversation recordings, and lists of submitted materials and receipt certificates. All materials shall be sealed and submitted by lawyers for review. They must not be destroyed, retroactively recorded, or transferred without authorization.

Q3: How much does it cost to hire a criminal lawyer? How can companies control their costs?

The attorney's fees are determined through negotiation between the law firm and the client. They are usually charged based on the complexity of the case, the charges involved, the amount of assets, and the stage of service, with no unified standard. Common practices to control costs include: entrusting services in stages (such as the investigation stage first), clarifying the division of labor between the lead attorney and the team, and pricing non-litigation services such as compliance rectification and defense services separately. The unit and the individual executives should sign separate contracts and be charged separately. Before signing the contract, it is necessary to list the scope of services, stages, and refund rules in writing to avoid disputes in the future.

Q4: How long does a criminal investigation typically last?

The pace of the process depends on the stage: from detention to approval of arrest, the maximum period is 37 days; after arrest, the investigation and detention period is generally two months, and it can be extended according to law if the case is complex; the decision on review and prosecution is generally made within one month, and it can be extended for major and complex cases; the first-instance trial of public prosecution cases is generally pronounced within two months, and the latest is not more than three months. If the statutory circumstances are met, it can be extended with approval. For enterprises involved in the case, there is a separate probation period, usually several months. The whole process can be completed in a few months, but it may take over a year for complex cases. Lawyers should provide timely advice and arrangements at each stage.

Q5: What should you do first if you receive a notice to cooperate with the investigation or if a senior executive is taken away for questioning?

Four steps: First, immediately hire a criminal lawyer and designate a single contact person between the company and the lawyer, and stop any discussion of the case within the group; Second, seal all ledgers, contracts, emails, system logs, and surveillance records, and issue a sealing list; Third, verify the positions, authorities, and handling matters of the personnel who were taken away, and determine defense plans for the company and individuals respectively; Fourth, cooperate with the investigating authority's evidence collection requirements in accordance with the law after review by the lawyer, and simultaneously record every interrogation and submission of materials. It is strictly prohibited to "standardize statements" on your own or contact the involved personnel to inquire about the case.

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 the regional differences.

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 public 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 you encounter disputes, please consult a practicing lawyer in time.