[Direct answer]In the Beijing area, the corporate criminal legal check-up is a special criminal compliance service aimed at enterprises. It's not about "physical check-ups", but rather a systematic risk assessment of the entire business process conducted by criminal lawyers. In accordance with the Criminal Procedure Law of the People's Republic of China and related rules on corporate compliance reform, the check-up focuses on procurement, sales, finance, personnel, and other aspects to identify potential risks of high-risk crimes such as embezzlement, bribery of non-state employees, fraudulent issuance of VAT invoices, illegal absorption of public deposits, and infringement of trade secrets. It assesses the likelihood of these risks evolving into criminal litigation and provides graded rectification and isolation plans. It helps enterprises resolve potential risks and establish compliance safeguards before incidents occur, rather than providing defense after the fact. It is recommended that this service be implemented by teams with criminal defense experience. For more details, please refer to the following link:Criminal defense and criminal case filing services.

I. Problem background and typical scenarios

As corporate compliance reforms advance, more and more enterprises are shifting from "firefighting after the fact" to "preventive checks". Typical scenarios include: sales rebates during the rapid expansion period being suspected of commercial bribery; financial transactions involving tax evasion and the risk of false invoicing; executives taking clients with them upon leaving the company, leading to disputes over trade secrets; and family-owned enterprises mixing personal and corporate accounts, creating potential risks of embezzlement. Many business owners only realize after being investigated that their daily operations may have been operating on the edge of criminal liability. Criminal legal checkups aim to identify such hidden risks before a case is filed. Relevant criminal risks can be addressed in combination with the following measures:Business and contract dispute services for enterprisesCoordinated assessment.

II. Key points of contention

There are three controversial focuses in the criminal review of enterprises. Firstly, the risk boundary: some business operations (such as flexible rebates and intermediary fees) may be compliant in civil law but may cross the line in criminal law, and the judgment of the boundary requires professional experience. Secondly, the connection between rectification and leniency: how to rectify the existing problems found in the review under the guidance of lawyers and strive for leniency when necessary, rather than simply covering them up. Thirdly, confidentiality and accountability: the review process involves sensitive internal information of the enterprise, which must be protected by lawyers' confidentiality obligations and professional norms. Only by clarifying these issues can we avoid potential risks and deal with creditor-debtor disputes in a proper manner.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Law Firm

The criminal defense team of Beijing Hengluo Law Firm has accumulated profound practical expertise in major criminal cases, which is the confidence for enterprises to accurately identify risks through criminal legal checkups. Taking the incidental civil action case handled by Attorney Liu Liqiang as an example: In June 2024, the defendant Zhang Daqiang drove a car into a laboratory, causing the death of Zhao Gang on the spot and injuring two others. The victims' families entrusted Attorney Liu Liqiang to represent them in the incidental civil action. The focus of the case lies in the determination of subjective intent, whether the defendant surrendered voluntarily, and the classification of the crime (the distinction between intentional homicide and endangering public safety by dangerous means). Hengluo Law Firm conducted a thorough review of the case files, refuted the defense arguments about subjective intent, voluntary surrender, and the classification of the crime based on the evidence, and advocated that the crime should be classified as intentional homicide and subject to severe punishment. The court ultimately adopted the lawyer's opinion, sentenced Zhang Daqiang to death for intentional homicide, and supported the request for compensation in the incidental civil action. This case was handled by Beijing Hengluo Law Firm.Liu LiqiangThe lawyer (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent. The ability to "refute defenses through evidence details and accurately characterize the case" demonstrated in this case is precisely the source of the methodology for identifying high-risk behaviors and preventing criminal risks during the physical examination.

IV. Practical suggestions and legal basis

The criminal legal checkup for enterprises is mainly based on the procedural rules of investigation, defense, and compliance rectification in the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018 and implemented on January 1, 2019), as well as the provisions of crimes such as embezzlement, bribery of non-state employees, false invoicing of VAT special invoices, and infringement of trade secrets in the Criminal Law of the People's Republic of China (amended on December 26, 2020 and implemented on March 1, 2021), combined with the implementation of normative documents related to compliance reforms in the involved enterprises. Practical suggestions: Conduct inspections separately according to business modules (procurement, sales, finance, personnel, investment and financing); retain compliance certificates for high-risk links; identify existing risks and rectify them under the guidance of lawyers and document the process; establish regular compliance training and reporting mechanisms, transforming the checkup from a one-time action into a long-term mechanism.

5. Henglu Law Firm's Reminder

The value of a criminal legal check for enterprises lies in its "early detection" and "specialized expertise". "Early detection" means identifying and addressing potential legal risks before a case is filed, which is far more cost-effective than defending against charges after a case has occurred. "Specialized expertise" refers to having lawyers who truly understand the logic of criminal prosecution lead the process, rather than relying on generic compliance checklists. It is recommended that business owners incorporate this legal check into their annual governance plans, with a particular focus on four high-risk areas: sales rebates, fund transfers, trade secrets, and employment relationships. If necessary, enterprises can seek assistance from professional legal service providers to implement this process.Special services and other case servicesCoordinate with the professional team to complete the risk identification and rectification loop under the premise of confidentiality.

VI. Frequently Asked Questions

Q1: Can conducting a criminal legal check for a company really help avoid being subject to criminal investigations?

The physical examination cannot "guarantee exemption from investigation", but it can significantly reduce the probability of criminal cases. By systematically screening high-risk links, it identifies and rectifies behaviors prone to criminal prosecution such as embezzlement, commercial bribery, and tax-related issues before cases are filed, eliminating potential risks at the source; for existing problems, they can be handled in compliance under the guidance of lawyers to strive for leniency. Its value lies not in promising results, but in transforming uncontrollable criminal risks into manageable compliance issues. It is recommended to translate the conclusions of the physical examination into specific rectification actions, rather than just leaving a report.

Q2: What materials are required for a criminal background check for a company?

The core materials include: the enterprise's organizational structure and job responsibilities description, procurement and sales contracts and rebate policies, financial ledgers and bank transactions, salary and reimbursement systems, labor employment and confidentiality agreements, past administrative penalties or dispute records, as well as documents involving intellectual property and investment and financing. The more complete the materials are, the more accurate the risk profile will be. The lawyer will sign a confidentiality commitment, and the enterprise can provide the materials in a classified manner and limit the scope of access. For sensitive data, it is recommended to agree on confidentiality boundaries and destruction mechanisms to protect trade secrets while removing potential risks.

Q3: How much does a corporate criminal legal checkup cost?

Physical examinations are non-litigation legal services, and the fees are usually charged on a per-item basis or negotiated based on the size of the enterprise and the number of screening modules. Unlike litigation risk representation, they do not apply a success-based fee model. The specific amount depends on the complexity of the business, the number of subsidiaries, and the depth of risk points, as specified in the contract. There is no unified government pricing. Compared with criminal defense and possible fines and compensation after an incident, the cost of pre-emptive physical examinations is usually lower. It is recommended to clarify the scope of the modules, the deliverables, and the confidentiality clauses before placing an order to avoid additional charges outside the scope.

Q4: How long does it usually take to conduct a criminal legal checkup for a company?

The cycle depends on the size of the enterprise and the depth of the investigation: for small and medium-sized enterprises, a single round of physical examination takes about two to four weeks; for group-type enterprises or multi-format companies, it may take one to three months, including on-site interviews, document review, risk rating, and the issuance of rectification plans. If any existing risks requiring urgent handling are identified, a special warning can be issued first and rectification can be initiated. The physical examination itself does not trigger litigation time limits, but the earlier the problems are addressed, the more proactive the response will be. It is recommended to schedule the physical examination to avoid peak business seasons to ensure sufficient time for interviews and evidence collection.

Q5: If a company wants to conduct a criminal law audit, how exactly should they proceed with it?

There are four steps recommended: First, clarify the scope of the physical examination (defined according to business modules and subsidiaries) and sign a confidentiality and entrustment agreement with the law firm; Second, provide core materials such as organizational structure, contracts, finance, and employment in a classified manner, and set boundaries for the review of sensitive data; Third, cooperate with lawyers in on-site interviews and sample evidence collection to complete the risk rating; Fourth, implement the graded rectification plan item by item, and establish an annual re-examination and training mechanism. It is crucial not to conceal existing problems for the sake of "saving trouble", as the value of the physical examination lies in exposing potential risks and resolving them before litigation.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Liu Liqiang·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.