[Direct answer]In the Beijing area, criminal risk prevention and control legal services are usually carried out in six steps: Firstly, compliance due diligence, sorting out the business model, contracts, financial and tax invoices, data, and job authorizations to identify the risk baseline; Secondly, risk identification and grading, checking each item against the criminal law charges and issuing a risk list; Thirdly, system and process rectification, revising the system, redesigning the approval process, and adjusting the key job authorizations; Fourthly, training and drills; Fifthly, annual monitoring and review; Sixthly, crisis response, immediately launching the defense plan once involved in a criminal investigation. Enterprises that have been involved in cases can rely on the compliance reform for enterprises involved in cases promoted by the procuratorial organs to strive for leniency. For specific solutions, please refer to the following link:Criminal defense and criminal case filing services.

I. Problem background and typical scenarios

Criminal risk prevention and control remains a new challenge for enterprises. Common demand scenarios include: corporate financing, criminal compliance due diligence before going public; stricter supervision in major industries (such as data, finance, medicine, and education and training), requiring an investigation into historical business practices; executives or core employees being investigated, with the enterprise concerned about being implicated; partners involved in criminal activities, with concerns about business continuity; and irregular internal governance in private enterprises, requiring the elimination of breach of trust loopholes. Many enterprises simply understand criminal compliance as having lawyers review contracts, while standardized services should be full-process, systematic, and traceable. Enterprises and individuals already involved in criminal litigation can seek assistance from professional legal services providers to address their legal needs.Criminal defense and criminal case filing servicesObtain defense support.

II. Key points of contention

The practical disputes focus on four points. Firstly, the service boundaries: the pure risk investigation and the services including rectification implementation and third-party evaluation and guidance have significant differences in depth and fees, and the deliverables should be clarified before signing the contract. Secondly, the connection between prevention and defense: whether and to what extent the compliance rectification materials can be used for criminal defense involves confidentiality and strategic arrangements, which need to be designed in advance. Thirdly, the authenticity of the rectification: the case-handling authorities inspect the real rectification rather than the paper system, and it's difficult for retroactive signing of documents and emergency remedial courses to pass the third-party evaluation. Fourthly, the matching of fees and effects: prevention services require long-term investment, and enterprises should distinguish the positioning of one-time physical examinations and long-term consultants. For issues involving corporate governance and contract review, reference can be made to relevant provisions.Business and contract dispute services for enterprisesCollaborate to make progress together.

III. Professional analysis by Hengluo Law Firm

The value of risk prevention and control is most directly reflected in criminal cases. In a case of intentional homicide at a mixing station handled by Attorney Liu Liqiang, a fierce dispute over construction quality eventually escalated into a tragedy where the defendant drove a vehicle into a laboratory, resulting in one death and two injuries. The defendant was sentenced to death for intentional homicide. If the enterprise had mechanisms for identifying and resolving workplace conflicts and basic controls over vehicle and personnel flows on the site, this tragedy might have been avoided. In the case of disseminating obscene materials handled by Attorney Shang Jiangpeng, the client was detained criminally during the investigation stage. The lawyer intervened immediately and argued from two perspectives: the threshold of criminal liability and the lack of social danger. Within less than a month, the client was successfully granted bail pending trial. Similarly, in the case of operating a gambling house handled by Attorney Zhu Guiying, the client was successfully granted bail after being detained for 30 days. These three cases illustrate from both positive and negative perspectives that risk prevention and control should be carried out in advance, and crisis response should be prioritized during the golden period of investigation. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe lawyer (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent. The significance of standardized prevention and control services lies in shifting the focus from fire-fighting after the event to fire prevention before the event.

IV. Practical suggestions and legal basis

The legal basis includes Article 30 and Article 31 of the Criminal Law of the People's Republic of China (corporate crime and the double punishment system); the provisions on corruption crimes committed by internal personnel of private enterprises in the Amendment to the Criminal Law (Twelfth) (effective March 1, 2024); the "Opinions on Establishing a Third-Party Supervision and Evaluation Mechanism for Compliance of Enterprises Involved in Criminal Cases" jointly issued by the Supreme People's Procuratorate and other departments (issued in June 2021, and the reform of corporate compliance has been fully implemented since April 2022), which allows eligible enterprises to seek leniency through compliance rectification and third-party evaluation in accordance with the law; the compliance management organization system established by the SASAC of the State Council (effective October 1, 2022), which can also provide a reference for private enterprises. Practical suggestions: clarify the prevention and control objectives (financing due diligence, regulatory response, or daily governance); select a team of lawyers with criminal experience and industry understanding; agree on the delivery list and review points; incorporate compliance requirements into business processes and assessments; immediately initiate crisis response in the event of criminal investigations. Enterprises can combine daily compliance management with the above-mentioned measures to enhance their compliance capabilities and reduce legal risks.Intellectual property protection and corporate legal servicesContinue to make progress over the long term.

5. Henglu Law Firm's Reminder

Criminal risk prevention and control is not about purchasing a report, but rather a continuous management mechanism. It is recommended that enterprises clarify three things before signing a contract: whether the scope of services is investigation, rectification, or full-cycle protection; whether the deliverables are risk lists, institutional documents, or evaluation guidance; and how follow-up reviews will be arranged and fees will be charged. Once an enterprise or employee is subject to investigation, it is essential to engage a lawyer immediately - the defense opportunities and bail opportunities in the investigation stage are fleeting, and self-handling or delaying in hiring a lawyer may result in losing the best window of opportunity. Compliance rectification focuses on being genuine and verifiable, and avoiding formalism. Specific needs vary greatly, so it is recommended to bring a business model description and past materials for a lawyer to evaluate during the consultation.

VI. Frequently Asked Questions

Q1: If a company implements criminal risk prevention and control measures, can it guarantee that nothing will go wrong and it won't face criminal charges?

We cannot make such a promise. No service provider can guarantee that a company will absolutely avoid criminal risks. The value of prevention and control lies in identifying risks in advance and rectifying them in a timely manner, thereby reducing the probability of risks occurring and the degree of liability after an incident. For companies that have already been involved in cases, a genuine and effective compliance system and rectification records may become mitigating factors in judicial practice, but this is not a get-out-of-jail-free card. The outcome ultimately depends on the facts of the case, evidence, and judicial discretion. When selecting a service provider, we should be vigilant against claims of "guaranteeing no problems" and focus on examining whether their screening methods, rectification plans, and past service records are solid and verifiable.

Q2: To activate the criminal risk prevention and control service, what materials do enterprises need to provide?

These typically include: a business license, company bylaws and governance structure documents; a description of the main business model and representative contracts; financial records, tax declarations, and invoice usage over the past three years; employee rosters, job responsibilities, and authorization and approval processes; records of data collection and use, and privacy policies; a list of business partners and suppliers; historical administrative penalties, litigation, and complaint records; and internal rules and regulations. The lawyer will also interview executives, finance staff, legal counsel, and business managers to compare the written systems with actual operations. The more complete the materials are, the more in-depth the investigation will be; confidential information can be accessed within the scope defined by a confidentiality agreement.

Q3: How are the fees for criminal risk prevention and legal services typically charged?

The fees charged depend on the size of the enterprise, the complexity of its operations, and the depth of the services provided (one-time health check, special rectification, or long-term prevention and control). These fees are typically negotiated between law firms and enterprises, with payment methods including fixed-price packages, hourly billing based on workload, or annual advisory fees. There is no nationwide standard pricing. It is recommended to request the law firm to provide a written service proposal before signing the contract, which should specify the scope of the inspection, interview arrangements, delivery list, and review points, with the fees corresponding to the deliverables. Be cautious about vague all-inclusive lump-sum quotations. At the same time, balance the investment in prevention and control with the potential risk exposure (fines, prison sentences for responsible persons, and losses from business disruptions).

Q4: How long does it take to complete a set of criminal risk prevention and control services?

It depends on the scope and depth. A single special inspection typically produces a risk list within two to four weeks; a comprehensive check covering multiple business lines generally takes one to two months; if it includes system rectification, process reengineering, and implementation guidance, it usually requires three to six months and continuous review. The compliance rectification period for companies involved in cases is linked to the judicial process: from initiating rectification, third-party supervision and evaluation to acceptance, it often takes several months, and it needs to cooperate with the progress of the case-handling authority. It is recommended to include annual checkups in regular plans, and start crisis response separately to avoid rushing to meet deadlines and compromising on the quality of rectification.

Q5: If a company wants to introduce criminal risk prevention and control services, what should be the first steps in negotiating and implementing them?

Here is the translation of the five-step proposal into English, with a detailed explanation: 1. First, clarify the objectives and scope internally - whether for financing due diligence, regulatory compliance, or daily governance, and focus on specific business lines and positions. 2. Second, select a team of lawyers with criminal litigation experience and industry understanding, and require them to provide a service plan and detailed quotations. 3. Third, after signing a confidentiality agreement, make materials available and cooperate with interviews and spot checks. 4. Fourth, after receiving the risk list, organize executives to confirm each item and establish a rectification responsibility form (responsible person, timeline, and acceptance criteria). 5. Fifth, incorporate the rectification requirements into business processes and assessments, and set annual review milestones. For criminal investigations, simultaneously initiate crisis response plans and promptly engage lawyers to intervene.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situations.

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 Hengluo 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 a dispute arises, please consult a practicing lawyer in time.