[Direct answer]In the Beijing area, when a company is involved in a criminal investigation, the key to protecting executives is to first clarify whether the crime was committed by the unit or by an individual, and whether the executives were actually involved. According to the provisions of the Criminal Law of the People's Republic of China on unit crimes, unit crimes are usually subject to a dual punishment system, punishing both the unit and the directly responsible persons in charge and other directly responsible persons. If the executives were not involved or unaware of the situation, they should resolutely draw clear boundaries according to the law. In practice, after the executives are subject to compulsory measures, lawyers can meet with them in time, verify the facts, apply for a change in the compulsory measures, and put forward opinions that they do not constitute a crime or should be given a light punishment. It is recommended that enterprises establish compliance and emergency response plans, and that executives entrust professional criminal lawyers as soon as they are involved in a case.

I. Problem Background and Typical Scenarios

When a company is investigated for suspected crimes, executives are often the first to face scrutiny, making criminal compliance consulting a frequent topic of discussion. Typical scenarios include: the company being suspected of false invoicing, illegal fundraising, or commercial bribery, with the actual controllers, legal representatives, or department heads being interrogated or detained; executives' personal actions being confused with the company's decisions, making it difficult to prove their innocence; and family members panicking and missing the "golden 37-day" intervention window. The parties often mistakenly believe that "the company's matters have nothing to do with individuals," ignoring the risk of double punishment. For more information on relevant rules, please refer to the following link:Criminal defense and legal services for criminal case filing.

II. Key points of dispute

The controversy focuses on three points. Firstly, the distinction between corporate crime and individual crime: whether it reflects the corporate will and whether the benefits belong to the corporation directly determines the boundaries of executives' responsibilities. Secondly, whether executives "substantially participated": executives who are only nominal and do not actually make decisions have different responsibilities from those who are directly responsible, and the distinction needs to be made based on evidence. Thirdly, coercive measures and the pace of defense: it is crucial to intervene as early as possible in the investigation stage to clarify subjective elements, apply for bail pending trial, and avoid over-criminalization. In recent years, the handling of corporate-related criminal cases in Beijing has placed greater emphasis on compliance rectification and a lenient yet strict approach to justice.

III. Professional analysis by Henglue Lawyers

A case handled by Attorney Shang Jiangpeng illustrates the crucial role of professional lawyers in protecting clients' rights when they are involved in criminal investigations. The client, L*, was entrusted by a relative to safeguard a sum of money, but was criminally detained and held in a detention center on suspicion of concealing and hiding the proceeds of crime. After accepting the case, Attorney Shang Jiangpeng immediately met with the client to comprehensively verify the entire process of fund transactions, clarify the client's subjective awareness, objective actions, and courtroom demeanor. Based on doubts about the "subjective knowledge" element, mitigating circumstances such as voluntary confession, and the absence of social danger, he submitted an application for bail pending trial, which was ultimately accepted by the case-handling authority. Although this case did not involve corporate crime, it clearly demonstrated the defense path of "timely intervention - clarifying key elements - striving for bail". Once corporate executives are investigated for suspected crimes, they also need lawyers to quickly clarify the facts, delineate responsibilities, and strive for legal disposal space during the investigation stage. This case was handled by Beijing Henglu Law Firm.Shang Jiang PengAttorney (Practice Certificate No.: 111012023105807, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The legal basis includes the provisions of the Criminal Law of the People's Republic of China on the double punishment system for unit crimes and the directly responsible persons in charge and other directly responsible persons; the provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018) on the right to defense, the necessity of detention, and bail pending trial; and the provisions on compliance rectification in enterprise-related cases in the Guiding Opinions of the Supreme People's Procuratorate on Handling Cases Involving Enterprises. Action list: First, establish compliance systems and keep records of decision-making in enterprises on a daily basis; Second, immediately entrust lawyers to meet with and verify facts when executives are under investigation; Third, distinguish between the will of the unit and individual actions, and fix evidence of non-participation and ignorance; Fourth, apply for changes in coercive measures in accordance with the law; Fifth, promote compliance rectification if conditions permit and strive for lenient treatment. For details, please refer to the following link:Criminal defense and legal services for criminal case filing.

5. Henglu Law Firm's Reminder

When executives of enterprises are under criminal investigation, it is most important to avoid "reacting in a panic and delaying intervention". During the investigation stage, clarifying the facts and applying for bail within the "golden 37 days" often determines the subsequent direction of the case. It is crucial not to engage in illegal acts such as colluding to cover up evidence or destroying evidence in order to "smooth things over", as this will only increase the risks. At the same time, it is necessary to make good use of policy space such as compliance rectification to clarify the responsibilities of both the enterprise and individuals. When handling similar cases involving enterprises in the Beijing area, it is recommended to take the following measures:Beijing Henglu Law FirmWith the help of professional lawyers, we can promote both emergency response and compliance in an integrated manner.

VI. Frequently Asked Questions

Q1: If a company is investigated, will its executives definitely be held criminally liable?

Not necessarily. For unit crimes, a dual-penalty system is implemented, but only the directly responsible supervisors and other directly responsible personnel are punished; if the senior executives did not participate in the decision-making, were unaware of the situation, or did not reflect the will of the unit, they should not bear criminal responsibility according to the law. The key lies in whether the evidence can distinguish between "unit actions" and "individual actions" and whether it can prove that the senior executives lacked substantive involvement. The role of lawyers is to clarify the boundaries and fix evidence of no responsibility, rather than to simply assume responsibility.

Q2: If a senior executive is taken away for investigation, what should the family members prepare for?

First, confirm the suspected charges, the measures taken, the case-handling authorities, and the detention location. Second, hire a professional criminal lawyer as soon as possible to meet with the suspect and understand the actual situation. Third, organize relevant evidence of the executives' positions, decision-making authority, and whether they were substantially involved (such as meeting minutes, approval records, and chat records). Fourth, prepare identity proof and power of attorney documents. Fifth, never collude in giving false testimony or destroy evidence. It is crucial to intervene within the first 37 days to clarify the facts.

Q3: How much does it cost to hire a criminal defense lawyer to protect a senior executive?

The attorney's fees are determined through negotiation between the law firm and the client, and there is no unified government pricing. They are often charged separately or in a package according to different stages (investigation, review and prosecution, first instance, second instance). For corporate cases, due to the large number of case files, complex facts, and high professional input, the fees are usually higher than those of ordinary cases. Before entrusting the lawyer, it is necessary to clarify with the law firm the charging method, service stages, and refund rules, and to confirm the budget and expectations together.

Q4: How long does it usually take from the investigation to the release of the results?

During the investigation stage, detention generally lasts no more than 37 days, after which an arrest may be made. The detention period for investigation may be extended according to law; the review and prosecution usually takes one month, and the case may be sent back for supplementary investigation; the first-instance ordinary procedure shall be concluded within two months after acceptance, and no later than three months. Overall, from investigation to the first-instance verdict, it often takes several months to more than a year, and it takes even longer for cases involving enterprises and the general public. Hiring a lawyer as soon as possible can help seize favorable opportunities at various stages.

Q5: How can corporate executives minimize the impact of being involved in a case?

Three-step approach: First, immediately initiate compliance and fact-sorting to distinguish between the responsibilities of the unit and individuals; Second, entrust lawyers to intervene in the investigation stage to meet, verify, apply for changes in coercive measures, and put forward opinions on innocence or light punishment; Third, for enterprises involved in the case that meet the conditions, promote compliance rectification and strive for leniency. At the same time, do a good job in information disclosure and employee stability to avoid secondary risks. Never attempt to settle the matter privately, and proceed in accordance with all legal procedures.

The above answer is based on the judicial practice in Beijing. The judicial interpretation 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. →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 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.