[Direct answer]In the Beijing area, being subject to a criminal investigation does not necessarily mean that a corporate executive has committed a crime, but the way they respond directly affects the outcome of the case. They should immediately hire a defense lawyer: According to Article 34 of the Criminal Procedure Law of the People's Republic of China (amended for the third time on October 26, 2018), a criminal suspect has the right to hire a defense lawyer from the day they are first interrogated by the investigative organ or subjected to compulsory measures. Lawyers can meet with them in accordance with the law, understand the charges, and provide advice (Article 39). During the investigation, they should clarify the boundaries between the responsibilities of the unit and those of the individual, give truthful statements, not contradict themselves, and not delete or transfer communication records and electronic device data. If they are detained, they should seize the "golden 37-day window" from the time of detention to the decision on bail, and apply for bail pursuant to Article 67. For more details, please refer to the following link:Criminal defense and criminal case filing services.

I. Problem Background and Typical Scenarios

Corporate executives being investigated by disciplinary inspection and supervision organs, public security organs, or procuratorial organs for their official duties, or being questioned or interrogated in connection with the enterprise's suspected corporate crimes, is one of the highest-risk scenarios in business operations. The triggers may include project approval, fund borrowing, business transactions, invoice taxation, land use, or labor hiring, or they may be subject to collateral investigation in corporate crimes. Executives face not only risks to their personal freedom, but also chain reactions such as the freezing of corporate accounts, obstacles to financing and listing, and damage to their reputation. In panic, deleting records, colluding in giving false testimony, or hastily issuing situation statements without analysis may turn defensible cases into passive ones. Such cases are handled according to criminal procedures, and the relevant defense and case-filing rules can be referred to for reference.Criminal defense and criminal case filing services.

II. Key points of contention

First, the debate over the nature of the act: whether it is an official act, a unit act, or an individual act directly determines whether the act constitutes a crime or not. Second, the debate over the attribution of responsibility: in the case of unit crimes, the directly responsible supervisors and other directly responsible personnel bear separate responsibilities. Executives who did not participate in decision-making, only held nominal positions, or merely carried out orders can plead not guilty or argue for a light punishment. Individual acts cannot simply be elevated to unit acts. Third, the debate over subjective awareness and causality: whether the person is aware of the illegality, whether they actually made decisions and benefited from them, are the core constituting elements of economic crimes. Fourth, the debate over procedural rights protection: whether the interrogation time limit, the right to meet with a lawyer, and the right to appeal and file complaints are implemented in accordance with the law. In the judicial practice of the Beijing area, the case-handling authorities usually review the actual roles of executives in the decision-making chain on a case-by-case basis, rather than simply attributing responsibility based on their job titles.

III. Professional analysis by Henglue Lawyers

A case of concealing and disguising the proceeds of crime handled by Attorney Shang Jiangpeng fully demonstrated the response path after being investigated: The client, L*, was entrusted by his younger brother to keep a sum of money. Based on the trust between relatives, L* did not inquire about the source of the funds and returned part of the money according to his brother's instructions. After the police investigated, L* was detained by the Xicheng Branch of the Beijing Municipal Public Security Bureau and held in the Xicheng Detention Center. After the incident, the family immediately appointed Attorney Shang Jiangpeng as the defense attorney. Through multiple meetings, the attorney fully verified the details of the case, clarified the entire process of the fund transactions, and sorted out the key facts such as the client's subjective cognition, objective behavior, and appearance in court. Combined with the comprehensive review and judgment rules established in Article 2 of the Interpretation of the Criminal Law [2025] No. 13, the attorney pointed out that L* only had access to the information that "his brother entrusted him to keep the money", without any information about the upstream crime. The fund transactions were transparent and traceable, without any abnormal operations such as splitting and transferring funds across banks, nor did he collude with the upstream personnel or profit from it. The existing evidence could not prove that he reached the standard of "knowing or should have known". On this basis, the attorney promptly submitted the "Application for Bail Pending Trial", arguing around the principles of confessing guilt, being a first-time offender, the amount of the case not reaching the standard of "serious circumstances", most of the funds having been returned, having a fixed residence and stable job, and no social dangerousness, and proposed to implement the "less arrest, less prosecution, and less detention" policy for minor crimes. The case-handling organ accepted the defense opinion and changed the coercive measures against L* to bail pending trial. The lesson of this case is that not panicking after being investigated, not handling funds arbitrarily, and involving a lawyer to clarify the facts as soon as possible are the first steps to protect oneself. This case was handled by Beijing Henglu Law Firm.Shang JiangpengThe attorney (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 34 (Appointment of a Defense Attorney), Article 39 (Meetings and Communications), and Article 67 (Conditions for Bail Pretrial Detention) of the Criminal Procedure Law of the People's Republic of China (amended for the third time on October 26, 2018); Articles 30 and 31 (Corporate Crimes and Their Punishments) of the Criminal Law of the People's Republic of China (amended in 1997 and including the Amendment (XII) to the Criminal Law, which took effect on March 1, 2024); and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Concealing and Hiding the Proceeds of Crime and the Benefits Derived Therefrom (Legal Interpretation [2025] No. 13) regarding the rules for determining "knowledge of the facts". Action List: 1. After being investigated, contact a professional criminal lawyer immediately to confirm the suspected charges and the stage of the proceedings; 2. Truthfully state the facts, without concealment, collusion, or misleading others; 3. Comprehensively sort out and properly preserve communication records, emails, approval documents, financial vouchers, and meeting minutes, without deleting or transferring them; 4. Distinguish between official duties and personal actions, and cooperate with the lawyer to clarify the boundaries of corporate and individual responsibilities; 5. If subject to compulsory measures, apply for bail pretrial detention within the statutory time limit from the date of detention to the date of the decision on approval of the arrest, as detailed in the legal document.Criminal defense and criminal case filing services.

5. Henglue Law Firm's Reminder

The most dangerous thing is not the investigation itself, but the wrong response: deleting records may be suspected of destroying evidence, colluding with others may escalate into new crimes, and confessing guilt hastily without a lawyer's analysis may lose defense points. Every interrogation during the investigation should be treated with caution, and meetings and communications with detained relatives should be conducted under the guidance of a lawyer. At the same time, corporate-level compliance construction can significantly reduce the probability of executives being implicated. When handling similar cases in the Beijing area, it is recommended to seek professional support as soon as possible and you can contact us for assistance.Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: Does being under criminal investigation necessarily constitute a crime?

Not necessarily. A criminal investigation is just the beginning of the investigation process. Whether it constitutes a crime must be subject to multiple reviews at the stages of application for arrest, review of prosecution, and trial: if the facts are unclear or the evidence is insufficient, the arrest may not be approved, the case may not be prosecuted, or the defendant may be acquitted; if it is determined that there is no crime or the circumstances are significantly minor, the case shall be withdrawn. During the investigation of senior executives, lawyers can verify the case through meetings, put forward defense opinions that the crime does not constitute a crime or the evidence is insufficient, and apply for the change of compulsory measures. The outcome depends on the suspected crime, the status of the evidence, and the specific circumstances. No lawyer can unilaterally guarantee the conclusion. It is a rational choice to hire a lawyer as soon as possible for a comprehensive evaluation.

Q2: What materials should be preserved during the investigation?

The key documents to preserve include four categories: 1. **Behavioral basis documents**: Approval forms, meeting minutes, board resolutions, and authorization documents, which are used to prove that the actions were performed in the course of official duties or on behalf of the organization. 2. **Communication records**: Emails, instant messaging logs, and call records related to the case. These should not be deleted. 3. **Financial documents**: Contracts, invoices, bank transaction records, and reimbursement receipts, which serve to prove the legality of financial transactions. 4. **Interrogation records**: Information about the time and location of the interrogation, the name of the investigating authority, and copies of the interrogation transcripts. All materials should be preserved in their original form and handed over to lawyers for assessment of their relevance to the case. This helps avoid accidentally deleting or transferring evidence that could be construed as destroying or concealing evidence.

Q3: How much does it cost to hire a criminal lawyer?

The attorney's fees are determined through consultation between the law firm and the client, and there is no unified government pricing. Common methods include charging by stages (investigation, review and prosecution, and trial are charged separately) and all-inclusive package fees. For economic crime cases, the fees are usually determined based on the complexity of the case and the workload. Before signing the contract, you should request a written quote that clearly specifies the included services, how additional expenses such as travel will be borne, and whether additional procedures will be charged separately. You should be cautious of attorneys who charge fees that are significantly higher than the market rate or promise "guaranteed wins" or "bailouts". The specific amount should be determined after a consultation and evaluation with the attorney.

Q4: How long does it usually take from criminal investigation to sentencing?

The duration of each stage varies depending on the case. After detention, the prosecution authority generally submits a request for approval of arrest within three days and no more than 30 days, and makes a decision within seven days. After arrest, the investigation and detention period is generally two months, which can be extended with approval if the case is complex. The review and prosecution period is generally one month, and the case can be returned for supplementary investigation. The trial period in the first-instance ordinary procedure is two months, and the period can be extended for complex cases. Simple cases can be completed within a few months, while complex cases may take more than a year. There are statutory requirements for the time limits of summoning, interrogation, and detention at each stage. If the detention period exceeds the legal limit, a complaint can be filed according to the law. Lawyers should timely file procedural applications at each node to avoid the case being delayed for a long time.

Q5: What's the first step to take after receiving the notice of the investigation?

Five steps to proceed: First, stay calm and contact a professional criminal lawyer as soon as possible. Let the lawyer confirm the suspected charges and procedural stages, and do not respond to interrogations alone; Second, state the facts truthfully, do not conceal or collude with others, and do not casually express opinions on irrelevant issues; Third, organize and preserve relevant materials. Do not delete or transfer any communication records, approval documents, or financial vouchers; Fourth, distinguish between official acts and personal acts, and corporate responsibilities and individual responsibilities. Cooperate with the lawyer to sort out the decision-making traces; Fifth, if compulsory measures are taken against you, let the lawyer apply for bail within the statutory time limit. The way of dealing with the case often has a greater impact on the outcome of the case than the facts themselves.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines 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, so as 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 current laws and regulations and publicly available adjudication rules, and is provided 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 the event of a dispute, please consult a practicing lawyer in a timely manner.