[Direct answer]In the Beijing area, the screening of criminal legal risks should focus on business processes, capital transactions, and transaction structures, identifying high-frequency links that may lead to criminal charges, with a particular emphasis on crimes such as embezzlement, misappropriation of funds, fraudulent issuance of VAT invoices, illegal fundraising, and commercial bribery. This can be based on relevant provisions of the Criminal Law of the People's Republic of China (implemented on October 1, 1997 and amended multiple times), such as Article 271 on embezzlement and Article 272 on misappropriation of funds. In combination with industry regulatory rules, a compliance checklist and red-line boundaries should be established. If any major risks are identified, the relevant activities should be immediately halted, relevant materials should be preserved, and professional criminal lawyers should be consulted as soon as possible to prevent administrative violations from escalating into criminal offenses. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

1. Problem background and typical scenarios

Criminal risks are not just limited to traditional crimes, but occur more frequently in corporate operations and daily transactions. Typical scenarios include: companies using private accounts to handle transactions, falsifying costs to trigger suspicions of embezzlement or misappropriation of funds; fabricating transactions for financing and promising guaranteed high returns involving illegal fundraising; platform streamers embedding gambling links into live-stream interfaces, which constitutes operating a gambling house; and procurement and sales staff accepting kickbacks, which involves commercial bribery. Many companies only become aware of the risks after being investigated, by which time they have already missed the opportunity for proactive rectification. ThroughBusiness and contract dispute services for enterprisesClarifying the transaction structure in advance can help draw a clear line between civil breach of contract and criminal offenses.

II. Key points of contention

The most common disputes during investigations are the delineation of the nature of acts: which ones are merely civil breaches of contract or administrative violations, and which ones meet the standards for criminal prosecution; the distinction between corporate crimes and individual responsibilities; the determination of subjective intent and awareness of illegality; and the impact of amounts and circumstances on the threshold for criminal prosecution. When reviewing cases, judicial authorities focus on substance rather than form. The flow of funds, subjective knowledge, and ownership of benefits are often key to determining the nature of the case. When in doubt, it is advisable to seek the advice of professional criminal lawyers to avoid misjudging criminal red lines as ordinary business risks.

III. Professional analysis by Hengluo Lawyers

Hengluo Law Firm has always paid great attention to the thorough review of case files and evidence analysis when handling criminal cases, which is the foundation of risk investigation and defense. Taking the intentional homicide criminal case with accompanying civil action represented by Attorney Liu Liqiang as an example: On June 16, 2024, after a dispute with Zhao Gang and others at a mixing station, the defendant, Zhang Daqiang, drove a white Cheetah car at a speed of about 60 to 62 kilometers per hour and rammed into the laboratory, causing Zhao Gang's death on the spot and injuries to Zhang Bin and Li Yuanzheng. The victim's wife entrusted Attorney Liu Liqiang of Beijing Hengluo Law Firm to represent her in the accompanying civil action. There are two core disputes in the case: whether the act of driving a car and causing a death should be defined as intentional homicide or endangering public safety by dangerous methods; whether Zhang Daqiang's self-surrender could be established despite his lying about the brake failure, failing to truthfully confess the fact of intentionally driving into people and repeatedly changing his confession after reporting to the police. Through in-depth review of case files and focusing on evidence, the lawyer refuted the defendant's defense of subjective intent, self-surrender and crime definition, and argued that the crime should be defined as intentional homicide according to Article 232 of the Criminal Law of the People's Republic of China and be given a heavier punishment. The court ultimately adopted the lawyer's opinion and sentenced Zhang Daqiang to death for intentional homicide. This case was handled by Beijing Hengluo Law Firm. 恒略律师事务所办理刑事案件一向注重对案件卷宗的完整阅览和证据分析，这种能力正是风险排查和辩护的基础。以刘立强律师代理的一起故意杀人刑事附带民事诉讼案为例：2024年6月16日，被告人张大强在拌合站与赵刚等人发生争执后，驾驶白色猎豹汽车以约60至62公里每小时的速度冲撞实验室，致赵刚当场死亡、张斌与李远征受伤。受害人赵刚之妻委托北京恒略律师事务所刘立强律师代理附带民事诉讼。案件核心争议有二：驾车撞人致人死亡应定性为故意杀人罪还是以危险方法危害公共安全罪；张大强虽报警但谎称刹车失灵、未如实供述故意驾车撞击事实且反复翻供，自首能否成立。律师通过深入阅卷、紧扣证据，驳斥被告人关于主观故意、自首及罪名定性的辩解，主张依《中华人民共和国刑法》第二百三十二条认定为故意杀人罪并从重处罚。法院最终采纳律师意见，以故意杀人罪判处张大强死刑。本案由北京恒略律师事务所承办。Liu LiqiangThe lawyer (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acted as the agent. This case shows that the subjective intent and accurate judgment of the crime's nature are directly related to the sentencing level, and it also highlights the importance of enterprises and individuals introducing professional legal judgment as early as possible in major events.

IV. Practical suggestions and legal basis

It is recommended that enterprises conduct an investigation in three steps: First, sort out the organizational structure and core business processes, and draw a map of the fund and approval path; Second, compare each link with the high-frequency crime list, focusing on the authenticity and consistency of private account receipts and payments, related transactions, invoices, and contracts; Third, immediately rectify the hidden dangers found, supplement the relevant materials, and keep the process records. The legal basis includes the relevant provisions of the Criminal Law of the People's Republic of China (implemented on October 1, 1997 and amended on March 1, 2024 by the Amendment (XII) to the Criminal Law), the provisions of the Criminal Procedure Law of the People's Republic of China (adopted in 1979 and amended on October 26, 2018) on filing cases and compulsory measures, 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 Cases of Embezzlement and Bribery (implemented on April 18, 2016), etc. For those involving the establishment of a compliance system, they can refer to the relevant provisions of the Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China.Intellectual property protection and corporate legal servicesCoordinate and promote progress in an integrated manner.

5. Hengluo Law Firm's Advice

The key to identifying and preventing criminal risks lies in early detection and specialized expertise. The earlier intervention takes place, the more likely it is to complete compliance rectification before the behavior becomes criminalized, thereby avoiding prosecution or obtaining lenient treatment. It is crucial not to continue with problematic transactions out of a false sense of hope. It should be noted that some criminal charges have a long statute of limitations, and historical issues may also lead to criminal prosecution. Both organizations and individuals face dual risks, and key personnel in particular should receive compliance training. If significant risks are identified during self-inspections, it is recommended to address them as soon as possible through appropriate measures.Beijing Hengluo Law FirmMake an appointment for a professional assessment and formulate a stop-loss and rectification plan.

VI. Frequently Asked Questions

Q1: Can criminal risk screening help prevent individuals from being held criminally liable in advance?

The investigation itself does not directly exempt the criminal responsibility that has already occurred, but it can identify problems and take proactive corrective measures before the behavior has taken shape and the damage has expanded, significantly reducing the probability of being criminally prosecuted. For the ambiguous areas between administrative violations and criminal offenses, early correction can often block the path to criminalization; if the person is already suspected of a crime, voluntarily stopping the illegal activities, returning the illegal proceeds, and cooperating with the investigation may also constitute mitigating circumstances. Whether this can be avoided depends on the nature and stage of the behavior, and it's impossible to make a general promise. However, early investigation and early handling are undoubtedly the most practical way to reduce risks.

Q2: What materials do I need to prepare for a criminal risk investigation?

The core materials include: the company's articles of association and equity structure, financial books and bank statements, major contracts and invoice ledgers, approval and stamping records, explanations of related-party transactions and fund flows, employee job responsibilities and performance evaluation documents, as well as records of past regulatory inspections or complaint handling. The goal of the investigation is to reconstruct the true flow of funds and decision-making chains, and identify high-risk points such as payments to private accounts, fraudulent transactions, and kickbacks. The more complete the materials are, the more accurately lawyers can identify potential risks and provide feasible rectification suggestions.

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

The fees are related to the scope of the investigation, the size of the enterprise, and the complexity of the business. They are usually charged on a project basis or by the hour, and are specified in the contract after negotiation between the law firm and the client. There is no unified government pricing. The fees for simple compliance checkups and comprehensive criminal compliance system construction vary greatly. According to relevant regulations, risk-based fees are prohibited in criminal litigation, and other civil and commercial risk-based fees are also subject to a percentage cap. It is recommended to clarify the service content, deliverables, and fee caps before entrusting the task, and to start the work only after assessing the benefits and costs of the rectification.

Q4: How long does it take to conduct a comprehensive criminal risk assessment?

For small enterprises focusing on a single business line, the initial screening may take several days to one or two cycles; for group-based and multi-sector enterprises, a comprehensive criminal compliance check usually requires one to three months, including document review, interviews, risk assessment, and the formulation of rectification plans. Complex industries (such as finance, healthcare, and internet platforms) require longer cycles due to their complex transaction structures. The screening does not involve litigation deadlines, and the time required is primarily determined by the workload; if urgent and major hidden risks are discovered during the self-inspection, a rapid special assessment can be initiated for the individual risk first.

Q5: What should a company do first when it detects criminal risks?

It is recommended to proceed in four steps: Firstly, immediately stop risky business and problematic fund transactions, and freeze relevant materials to prevent their loss; Secondly, appoint dedicated personnel to handle and seal financial and business original documents to prevent individual staff from handling them without authorization; Thirdly, hire professional criminal lawyers to conduct confidential investigations and assess the nature of the actions and the risk of criminal prosecution; Fourthly, based on the assessment results, decide on the path of rectification, correction, refund, or voluntary explanation, and, if necessary, cooperate with the investigation under the guidance of lawyers. Throughout the process, attention should be paid to confidentiality and compliance, and evidence should not be destroyed or falsified to avoid aggravating responsibilities.

The above answer is based on the judicial practice in Beijing. The adjudicative opinions 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 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 a dispute arises, please consult a practicing lawyer in time.