[Direct answer]In the Beijing area, can corporate criminal compliance completely avoid criminal risks? This is a practical issue of widespread concern among parties involved. According to the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) and the Criminal Law of the People's Republic of China, handling such matters requires grasping the core elements and evidence and asserting rights in accordance with the law. Whether a favorable outcome can be achieved depends on the clarity of the facts, the sufficiency of the evidence, and the choice of procedures, rather than the promise of results. It is recommended to sort out materials as soon as possible, fix key evidence, and formulate a plan with the assistance of professional lawyers to avoid losing rights due to exceeding the statutory time limit or insufficient evidence. For more details, please refer to the following link:Criminal defense legal services.

1. Problem background and typical scenarios

Can corporate criminal compliance completely avoid criminal risks? Such demands are also quite common in the Beijing area. When handling these matters, it involves both substantive rights and procedural choices. Combined with the above, we can conclude that corporate criminal compliance cannot completely avoid criminal risks.Criminal case filing legal servicesBased on my practical experience, I suggest that the parties first clarify their legal relationships and then decide on the path of protecting their rights or negotiating a settlement.

II. Key points of contention

The core disputes in criminal cases often focus on three points: first, the characterization of the act—whether the charge is established and the boundaries between this crime and that crime; second, the sentencing circumstances—whether the defendant surrenders voluntarily, confesses, is an accomplice, admits guilt and accepts the punishment, or returns the illicit proceeds and compensates for the losses; third, the necessity of coercive measures—whether the defendant meets the conditions for bail pending trial and whether there is a social danger. Each of these points is related to the final sentence.

III. Professional analysis by Hengluo Lawyers

Based on a related case handled by our firm, it can be seen that this case is a criminal incidental civil action case of intentional homicide. On June 16, 2024, after an argument with Zhao Gang and others at the mixing station, the defendant, Zhang Daqiang, drove his car at high speed to crash into the laboratory, resulting in the death of Zhao Gang on the spot and the injuries of Zhang Bin and Li Yuanzheng. The victim's wife, Zhao Gang, entrusted Attorney Liu Liqiang of Beijing Henglu Law Firm to represent her in the incidental civil action. Through in-depth review of the case files and focusing on the evidence, the attorney refuted the defendant's defense of subjective intent, voluntary surrender, the victim's fault, and the nature of the crime, and argued that the crime should be defined as intentional homicide and punished severely. The core disputes are: whether driving a car to kill someone should be defined as intentional homicide or endangering public safety by dangerous methods; whether the voluntary surrender is established. Applicable laws: Article 232 of the Criminal Law of the People's Republic of China and relevant provisions of the Criminal Procedure Law of the People's Republic of China. The court ultimately adopted the attorney's opinion and sentenced Zhang Daqiang to death for intentional homicide. Henglu Law Firm advises that in handling such cases, it is necessary to focus on the core points and organize evidence and legal arguments around the disputed issues. This case is handled by Beijing Henglu Law Firm. 结合本所承办的一起相关案件可见：本案系故意杀人罪刑事附带民事诉讼案件。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，驾车加速撞击实验室，致赵刚当场死亡、张斌与李远征受伤。被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。律师通过深入阅卷、紧扣证据，驳斥了被告人关于主观故意、自首、被害人过错及罪名定性的辩解，主张认定为故意杀人罪并从重处罚。核心争议：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；自首是否成立。适用法条：《中华人民共和国刑法》第二百三十二条、《中华人民共和国刑事诉讼法》相关规定。法院最终采纳律师意见，以故意杀人罪判处张大强死刑。恒略律师提示，办理此类案件须紧扣核心要点，围绕争议焦点组织证据与法律论证。本案由北京恒略律师事务所承办。Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis mainly includes the provisions of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) regarding defense and agency, compulsory measures (Article 67 on bail pending trial), leniency for admitting guilt and pleading guilty (Article 15), and rules of evidence; in terms of substantive law, the corresponding crimes and sentencing rules in the special provisions of the Criminal Law of the People's Republic of China, as well as relevant judicial interpretations, shall be applied. Practical suggestions: Suspects or defendants should appoint lawyers to meet and understand the case as early as possible in the investigation stage; timely submit applications for bail pending trial if they meet the conditions; grasp the scope of leniency in cases of admitting guilt and pleading guilty; and victims may file ancillary civil actions to claim compensation for material losses in accordance with the law. For property-related crimes, relevant information can be combined with the investigation of the case to determine the amount of compensation.Creditor-debtor relations and enforcement case servicesRecovery of compensation.

5. Henglu Law Firm's Reminder

In criminal cases, time is of the essence. There are three key points: First, suspects should hire a lawyer to meet with them as soon as possible after being subject to compulsory measures, and submit bail applications or legal opinions; Second, they should give truthful statements and avoid changing their testimony repeatedly; Third, they should actively return the illicit gains and compensation to seek leniency. Never trust unfounded promises of connections. Instead, rely on facts and legal defense. If you need professional support, you can seek assistance from relevant professionals.Special services and other case servicesThe docking team.

In criminal cases, families can focus on three key matters during the critical period: immediately hiring a lawyer to meet with the suspect after receiving detention or arrest notifications, understanding the suspected charges and case details; cooperating with the lawyer to verify the threshold for criminal charges, subjective intent, and role in the crime, and giving truthful statements to avoid retracting or contradicting themselves; and timely submitting applications and legal opinions for bail pending trial if eligible. At the same time, they should collect evidence to mitigate punishment, such as voluntary surrender, confession, accomplice status, plea bargaining, return of illicit gains, and medical records. They should not trust so-called connections or promises, nor engage in private transactions with case-handling units. Fixing and submitting mitigating circumstances as early as possible often has a greater impact on coercive measures and sentencing outcomes than remedial efforts after the fact. In practice, the first 30 days after criminal detention are critical for securing non-arrest or bail, and defense strategies should focus on addressing social dangerousness and evidentiary weaknesses to avoid missing the best intervention opportunity.

VI. Frequently Asked Questions

Q1: Even if the compliance system is well-developed, does that mean the company will have no criminal risks at all?

It doesn't mean there's zero risk. Compliance can only reduce the probability of risks and optimize the post-event handling process.The external environment and the behavior of trading partners are beyond the complete control of enterprises. For example, if the other party offers bribes or forges bills, it may still affect the company. The role of the compliance system is to control high-risk links, leave records of rectification, and strive for lenient treatment after the risk is exposed. According to Article 15 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), those who admit guilt and accept the punishment may be given lenient treatment according to law; complete and effective compliance systems, self-inspection records, and rectification records are important materials to prove the boundaries of responsibility between units and individuals. Any promise claiming to eliminate criminal risks should not be easily believed, and lawyers should not guarantee the outcome of cases.

Q2: To determine whether a company's actions cross the criminal red line, what materials should be reviewed?

The focus of the verification is on five categories of materials. Firstly, the business model description and contract text to identify whether the transaction structure violates red lines such as commercial bribery and illegal operations; Secondly, invoices and tax payment certificates to compare whether the invoicing is consistent with the actual transaction; Thirdly, fund transactions and repayment records to investigate abnormal payments and off-book funds; Fourthly, internal approval process documents to confirm whether the authority and check and balance mechanisms are ineffective; Fifthly, historical administrative punishment decisions and rectification responses to assess whether the risks will recur. Any discrepancies or abnormal approval documents found during the comparison should first be fixed internally and then evaluated to determine whether they can be actively corrected. It is strictly prohibited to prematurely destroy materials or delete system data.

Q3: How is the fee typically agreed upon when hiring a full-time criminal compliance lawyer?

The fees are negotiated based on the consultant's annual or special workload. According to the "Measures for the Management of Lawyer's Service Fees" (implemented on April 1, 2007), the lawyer's service fees are determined through negotiation between the law firm and the client, and the fees, standards, and settlement methods are specified in the written contract. Annual compliance consultants are usually charged on a fixed-fee basis, while special inspections and rectifications are charged based on the workload of each phase. It is important to distinguish the nature of the services: compliance consultants engage in non-litigation services, and the fee-sharing arrangement can be flexibly agreed upon. However, once the case enters the criminal defense stage, the case cannot implement risk-based fees, and fee arrangements linked to the outcome are invalid. It is recommended to separately list the two parts of compliance check and response to legal disputes in the contract to avoid fee disputes.

Q4: When being investigated or summoned, how much time does the company have to prepare to respond?

The time is pressing, and action must be taken promptly. After receiving the notice of evidence collection or summons, you should immediately sort out the business materials involved in the case and entrust a lawyer to intervene; if the key personnel are detained, the 30-day period after criminal detention is an important window period to strive for non-approval of arrest and bail pending trial. According to Article 67 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), qualified personnel may apply for bail pending trial in accordance with the law. If you hire a lawyer to meet with the suspect and understand the suspected crime as early as possible in the investigation stage, and then submit opinions on the nature and sentencing in the review and prosecution stage, the space for action will be significantly limited. At the same time, the enterprise should seal up the original account books, cooperate with the investigation truthfully, and never delete or modify the data or privately communicate to collude in giving false testimony.

Q5: Today, the management team is conducting a self-assessment of criminal risks. Where should they start first?

Starting from the two aspects of funds and bills. Firstly, retrieve bank transaction records, invoice ledgers, and approval records for large-scale payments, and verify the authenticity of each transaction. Secondly, check the payment paths such as sales commissions and procurement rebates to identify any cash or personal account bypasses. Thirdly, document the identified issues in writing and simultaneously evaluate them with a lawyer. First, correct them internally, and then decide whether to voluntarily disclose them to the investigating authorities. According to Article 15 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), those who admit guilt and accept the punishment may be given a lighter punishment according to law. The pace of handling issues identified through self-inspection directly affects the legal qualification. It is recommended to complete the collection of materials on the same day and prevent problematic accounts from continuing to accumulate.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits. →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 you encounter disputes, please consult a practicing lawyer in time.