[Direct answer]In the Beijing area, a criminal risk check report is the result of a criminal compliance review provided by law firms for enterprises or executives. It typically lists high-risk aspects of the business model, possible criminal charges, weak evidence points, and rectification suggestions. According to current criminal laws and judicial interpretations, the report is presented in the form of risk grading and prevention lists, and is not intended as a judicial appraisal opinion or a substitute for case defense. It is recommended that high-risk industries and major decision-makers commission professional criminal lawyers to conduct risk checks before making decisions, so as to detect and isolate risks in advance. For more details, please refer to the following link:Criminal defense and criminal case filing services.

1. Problem background and typical scenarios

Business owners, financial managers, and executives often overlook criminal red lines in their daily operations. Typical scenarios include: planning to raise funds for expansion but worrying about violating the law on illegally absorbing public deposits; engaging in project subcontracting and advance payment with concerns about being deemed as illegally occupying farmland or committing contract fraud; family businesses involving equity holding and fund mixing, which may lead to the risk of embezzlement; and discovering that the target company has a criminal history during the due diligence process of a merger and acquisition. Criminal risk audits identify and classify these scattered risk points from a systematic perspective and provide rectification paths, which is more proactive than passive defense after an incident occurs. Corporate compliance can be combined with these measures to enhance risk prevention and control.Business and contract dispute resolution services for enterprisesEvaluate them together.

II. Key points of contention

There are three main controversies surrounding risk assessments. Firstly, the scope of the report: the physical examination is for screening and providing advice, not equivalent to a detection conclusion, and the results are not guaranteed. Secondly, the risk grading standards: which are high-risk, which are medium- or low-risk, need to be comprehensively judged based on the charge, sentence, subjective knowledge, and corporate responsibility. Thirdly, the connection with subsequent rectification and defense: whether the problems identified in the report can be translated into compliance rectification and evidence fixation actions. When handling similar corporate criminal cases in Beijing, the distinction between corporate crimes and the identities of responsible persons is becoming increasingly refined, and the physical examination report should provide corresponding guidance. Professional teams can refer to this for reference.Attorney Liu LiqiangHis criminal defense experience.

III. Professional analysis by Hengluo Law Firm

Taking the criminal incidental civil lawsuit case of intentional homicide handled by our firm as an example, it can be seen that once major criminal risks turn into real cases, the scope of defense is constrained by facts and evidence. On June 16, 2024, after a dispute with Zhao Gang and others at the mixing station, Zhang Daqiang drove his car to hit the laboratory at high speed, resulting in the instantaneous death of Zhao Gang and the injury of Zhang Bin and Li Yuanzheng. The victim's wife entrusted Liu Liqiang, a lawyer from Beijing Henglue Law Firm, to represent her in the incidental civil lawsuit. The focus of the dispute was whether the act of driving into people should be characterized as intentional homicide or endangering public safety by dangerous methods; and whether Zhang Daqiang, who voluntarily called the police but lied about the brake failure and failed to make a truthful statement, could be recognized as voluntary surrender. Through in-depth review of the case file, the lawyer argued that Zhang Daqiang's verbal expression of murderous intent before the impact and his accelerated driving without avoiding the victim proved his clear intent to kill. Lying to the police about the accident did not constitute voluntary surrender, so he should be convicted of intentional homicide. The court accepted the lawyer's opinion and sentenced Zhang Daqiang to death for intentional homicide. This case shows that identifying and isolating major risks in advance is far more crucial than defending them afterwards; if a risk assessment can be conducted at the early stage of operation and decision-making, many risks can be avoided from escalating. This case is handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is the provisions on intentional homicide and corporate crimes in the Criminal Law of the People's Republic of China (amended on December 26, 2020), as well as the relevant procedural provisions of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); the enterprise compliance investigation also refers to the constitutive elements of various crimes in the Criminal Law, and the specific crime titles and articles shall be subject to the current effective laws and regulations and judicial rulings. Practical suggestions: High-risk industries should regularly conduct criminal risk inspections, focusing on reviewing the flow of funds, contract models, employment and taxation; for the identified high-risk points, rectify them within a specified time limit and keep records; if any criminal clues are found, consult professional lawyers in time to avoid expanding responsibilities. Comprehensive prevention and control can be combined withSpecial services and other case-related services.

5. Hengluo Law Firm's Advice

The value of a criminal risk assessment lies in "early detection and early isolation", rather than providing a get-out-of-jail-free card. The report cannot guarantee that there will be no liability, nor can it replace formal defense, but it can help enterprises take compliance actions and secure favorable evidence in the early stages of risk. It is recommended to arrange an assessment before major transactions, financing, employment, and asset disposal, and to choose a team with criminal expertise. Never trust promises such as "guaranteed success" or "connections at work". For more information about the service, please visitThe official website of Beijing Hengluo Law Firm.

VI. Frequently Asked Questions

Q1: Can a criminal risk check ensure that one will not cross the criminal red line and completely avoid being held accountable?

There's no guarantee. The purpose of the physical examination is to identify high-risk links, possible criminal acts, and weak evidence, and to provide suggestions for rectification and isolation to reduce the probability of criminal involvement; it is neither a judicial conclusion nor a substitute for individual case defense and legal responsibility. Whether the enterprise will ultimately be involved in a crime still depends on actual behavior, subjective knowledge, and evidence. Translating the findings of the physical examination into compliance rectification can truly realize its value in prevention and control.

Q2: What materials and information do I need to prepare for a criminal risk checkup?

Generally, the following materials are required: the company's articles of association, equity structure, and information on related-party transactions; contracts, financial records, and ledgers from the past three years; employment, taxation, and social insurance records; project approval documents, land use permits, and business license documents; as well as descriptions of core business processes. The more complete the materials are, the more accurate the risk grading will be. For matters involving the personal conduct of senior executives, it is also necessary to sort out their decision-making and financial transaction records, so as to distinguish between the responsibilities of the unit and those of the individual.

Q3: How much does it generally cost to hire a lawyer to conduct a criminal risk assessment?

These are non-litigation legal services, and the fees are negotiated between the law firm and the client. They are usually charged on a per-project or hourly basis, with no nationwide standard pricing. The differences come from the scale of the enterprise, the complexity of the business, and the depth of the investigation. It is recommended to require the issuance of a service scope and fee details, and to clarify whether it includes follow-up rectification guidance and litigation coordination. Compared with the costs of criminal defense and compensation after the incident, the investment in pre-emptive inspections is usually more cost-effective.

Q4: How long does it typically take from starting the physical examination to receiving the report?

Depending on the size of the enterprise and the complexity of its business operations, it typically takes one to two weeks to review the materials and conduct risk classification for regular health checks of SMEs. For businesses with cross-regional operations, multi-layered structures, or historical projects, the process may take three to four weeks or even longer. If it is necessary to implement rectification plans or conduct special audits simultaneously, the timeframe will be extended accordingly. It is recommended to allow sufficient time before key milestones to avoid conducting urgent inspections at the last minute.

Q5: I want to conduct a criminal risk assessment for a company. What should I do specifically in the first step?

There are four steps recommended: First, sort out the enterprise's business model and a list of materials from the past three years, and identify key risk areas; Second, select a regular lawyer with expertise in criminal compliance, and verify their practice status through the official websites of judicial administrative organs or lawyers' associations; Third, clarify with the lawyer the scope of the audit, the form of the results (risk list and rectification suggestions), and the fees; Fourth, after receiving the report, proceed with rectification according to the classification of high-risk, medium-risk, and low-risk, and keep records. If necessary, conduct further special investigations into any suspicious issues.

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 relevant evidence, so as to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current 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. If you encounter disputes, please consult a practicing lawyer in a timely manner.