[Direct answer]In the Beijing area, criminal compliance lawyers help enterprises establish compliance systems, typically proceeding in five steps: First, risk identification, sorting out the criminal risk points in high-risk areas such as procurement, sales, finance, employment, land use, and data; Second, embedding systems and processes, incorporating approval, review, and traceability into business processes, making compliance a node rather than a loose document on the wall; Third, tiered training, providing targeted training for management, business staff, and finance staff; Fourth, reporting and investigation response, establishing internal reporting channels and investigation procedures, and keeping records throughout the entire process of handling clues; Fifth, effectiveness evaluation, regularly checking the implementation situation and making improvements. According to Articles 30 and 31 of the Criminal Law of the People's Republic of China, units that commit crimes shall be held accountable together with their directly responsible personnel. Pre-compliance is a risk firewall, and compliance rectification in cases involving criminal charges can also be used as a reference for leniency. For more details, please refer to the following link:Criminal defense and criminal case filing services.

1. Problem background and typical scenarios

During the rapid expansion period of enterprises, they often rely on experience and connections to handle matters, and the system lags behind the business: purchasing rebates, bribing sales, off-book funds, unpaid labor, illegal land use and data collection. These business actions are just one step away from administrative violations and criminal offenses. Once the case is exposed, the enterprise may face fines, the person responsible being sentenced to prison, and the loss of bidding and tendering qualifications, among other consequences. More and more enterprises realize that compliance is not an isolated work of the legal department, but a systematic project embedded in the business process. After the compliance reform of the involved enterprises is promoted, the progress of compliance construction and rectification directly affects whether the enterprises and the responsible persons can obtain lenient treatment. Related rules can be referred toCriminal defense and criminal case filing services.

II. Key points of contention

First, there is a dispute over boundaries: which aspects must be included in criminal compliance and which should be left to general risk control depends on the list of criminal charges and the exposure of the business. Second, there is a dispute over effectiveness: writing down systems does not equal implementation. Ensuring traceability of execution, assigning responsibilities to individuals, and holding violators accountable are the core of determining effectiveness. Third, there is a dispute over the connection between criminal justice and administrative punishment: administrative violation clues may be transferred to public security organs, so the compliance system must cover high-risk areas for administrative punishment. Fourth, there is a dispute over responsibility delineation: the boundaries between the unit's will and individual actions, and between executives' decisions and operational implementation require institutionalized authorization and traceability to prove. When handling corporate criminal cases in Beijing, the investigating authorities pay increasing attention to whether the enterprise has pre-compliance mechanisms and post-rectification capabilities.

III. Professional analysis by Henglue Lawyers

The illegal land occupation investigation case handled by Attorney Jing Weiyi demonstrates the cost of uncontrolled risks in the marginal business processes of enterprises. In May 2024, Liu ** illegally occupied about 20 mu of land in Shuguang Village, Qianjin Town, A County, Henan Province for earth extraction without approval. This involved 0.5 mu, 0.9 mu, and 3 mu of basic farmland contracted by villagers Wang ** and Wang **, resulting in land hardening, topsoil erosion, and destruction of irrigation conditions, as well as damage to 9-year-old pepper trees and 10-year-old persimmon trees. On December 16, 2025, the villagers sent an "Application for Investigation of Illegal Land Occupation" via EMS, which was received by the A County Natural Resources Bureau the next day. After investigation, the bureau registered a case against Liu ** for damaging cultivated land on April 7, 2026, finding him in violation of Articles 37 and 75 of the Land Management Law of the People's Republic of China. Subsequently, the case was transferred to the public security organ for criminal investigation, and Liu ** has been subject to criminal coercive measures. This "earth extraction" operation ultimately evolved into an administrative investigation combined with criminal accountability. For enterprises, seemingly marginal processes such as land use, earth extraction, transportation, and storage are precisely high-risk areas for criminal liability. It is far more effective to identify and prevent risks in advance through risk assessment and approval/documentation procedures than to remedy problems after the fact. This case was handled by Beijing Henglue Law Firm.I sincerely hope that you will be happy and healthy in the future.The attorney (practice license number: 11101202510973791, the document issued by the judicial administrative organ shall prevail) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 30 and Article 31 (unit 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 came into effect on March 1, 2024); Article 37 (protection of cultivated land) and Article 75 (legal responsibilities for destroying the cultivated land planting conditions) of the Land Administration Law of the People's Republic of China (amended on August 26, 2019 and came into effect on January 1, 2020); and the "Measures for the Construction, Evaluation, and Review of Corporate Compliance in Cases Involving Enterprises (Trial)" issued by the Supreme People's Procuratorate in April 2022 regarding the construction, evaluation, and review of corporate compliance. Action list: First, lawyers will lead a comprehensive scan of criminal risks to form a risk list and a grading ledger. Second, incorporate approval authority, double-person review, contract review, and payment traceability into core business systems. Third, conduct compliance training for different positions and keep records of attendance and assessments. Fourth, establish reporting channels and internal investigation procedures, ensuring full traceability throughout the handling of clues. Fifth, conduct an annual effectiveness evaluation, revise systems and hold accountable for any issues identified. For more details, please refer to the document.Criminal defense and criminal case filing services.

5. Henglue Law Firm's Reminder

The greatest enemy of a compliance system is the "two-faced approach": having one set of rules and another set of practices. The effectiveness of the system is determined by its traceability and implementation, rather than the thickness of the documents. Supplementing compliance measures after being involved in a case may still be considered a mitigating factor, but the effect will be far less than proactive efforts. When building a compliance system, it is advisable to focus on high-risk areas first and implement it in stages, without seeking perfection all at once. When enterprises in Beijing are establishing a compliance system, it is recommended to design the solution from the perspective of criminal risks by professional lawyers, who can be contacted for further assistance.Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: Can we avoid being prosecuted just by establishing a compliance system?

The compliance system cannot be regarded as a guarantee of non-prosecution. The value of compliance lies in two aspects: prevention in advance and leniency after the event. A comprehensive compliance system in advance can greatly reduce the probability of enterprises and executives violating criminal laws. After being involved in a case, the compliance system and rectification measures can be used as a reference for lenient treatment of the unit and responsible persons according to law, but whether to prosecute or not still depends on the evaluation of the criminal facts, circumstances, and social danger. Any institution that promises "exemption from liability after establishing a compliance system" does not comply with the current system. A rational approach is to regard compliance as a long-term project and combine the pre-construction of compliance lawyers with the post-rescue of criminal defense lawyers.

Q2: What materials need to be sorted out for system construction?

The key points to be reviewed include: 1. Business systems and procedures: existing systems and process documents for procurement, sales, finance, personnel, land use, etc. 2. High-risk contracts: large-scale purchase and sales contracts, investment and financing agreements, engineering subcontracting and land use agreements. 3. Financial materials: fund approval authority, rebate and commission policies, accounting processing methods. 4. Approval records: meeting minutes, approval forms, online process records. 5. Past penalties and disputes: administrative penalty decisions, labor arbitration, litigation and enforcement records. Based on this, the lawyer will compile a criminal risk checklist, identifying which procedures lack systems, which systems are not implemented, and which processes lack documentation, and then embed these improvements one by one.

Q3: Are the fees for compliance lawyers very high?

The fees for compliance services are also determined through negotiations between the two parties, with no standard pricing. They are typically priced based on the scope of the project: comprehensive risk scans are quoted according to the size of the enterprise and its business lines, system construction is charged per specific module, and annual legal advisory services include regular training and consultation. Compared with the defense costs, fines, and losses from business shutdowns after an incident, pre-emptive compliance investments are generally more cost-effective. Before signing the contract, the client should request a written proposal and quotation, clarifying the deliverables, service duration, and acceptance standards. They should also be cautious about quotations that offer an "all-inclusive compliance package" at a significantly low price, as the quality of delivery may be compromised. Enterprises can invest in compliance services in stages according to risk priority, rather than implementing all measures at once.

Q4: How long will it take for the system to take effect?

For the construction of a criminal compliance system in medium-sized enterprises, a comprehensive risk scan typically takes one to two months, and the embedding of core systems requires another one to two months. Training and trial operation should be carried out simultaneously, and a preliminary operational system can be established in about half a year. After that, the system will be evaluated and updated annually. There's no need to rush or delay the process: simply submitting a stack of documents is just a formality, and if the system isn't implemented, it's essentially useless. If the system remains in the research stage without being implemented, the risk exposure will persist. It is recommended to proceed in a phased manner, starting with high-risk areas and then expanding to full coverage, with clear deliverables and responsibilities assigned at each stage to ensure that the system truly functions effectively.

Q5: What's the first step for a company to establish a compliance system?

Three-step launch: First, top-level statements and project initiation. The board of directors or key responsible persons should clarify the determination to build compliance, designate the lead department and budget, and avoid compliance becoming a solo act of legal affairs; Second, hire professional lawyers to conduct criminal risk scanning, output risk lists and grading ledgers, and prioritize high-risk areas such as procurement, sales, finance, land use, and employment; Third, revise systems and processes based on the lists, embed approval, review, and traceability into business nodes, and simultaneously conduct post-position training. After that, establish a reporting and investigation mechanism and an annual effectiveness evaluation. Enterprises can first consult professional lawyers to develop a plan and then implement it in stages.

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 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. →Criminal defense legal services·Attorney Shang Jiangpeng·Beijing Henglu 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. If you encounter disputes, please consult a practicing lawyer in time.