[Direct answer]In the Beijing area, do corporate executives need to purchase criminal risk prevention training? 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 adequacy 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 develop 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.

I. Problem Background and Typical Scenarios

Do corporate executives need to purchase criminal risk prevention training? Such needs are also quite common in the Beijing area. When handling such matters, it involves both substantive rights and procedural choices. In combination with this,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 to protect their rights or engage in negotiations.

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 guilt, is an accomplice, pleads guilty and accepts the punishment, or returns the illicit gains 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 point 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 for intentional homicide. On June 16, 2024, after a dispute with Zhao Gang and others at the mixing station, the defendant, Zhang Daqiang, accelerated his car 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, Zhao Gang's wife, entrusted Attorney Liu Liqiang of Beijing Henglu Law Firm to represent her in the incidental civil action. Through in-depth review of the case file and strict adherence to evidence, the attorney refuted the defendant's defense of subjective intent, voluntary surrender, victim's fault, and the nature of the crime, and argued that the crime should be classified as intentional homicide and be punished severely. The core disputes include: whether driving a car to kill someone should be classified as intentional homicide or endangering public safety by dangerous methods; and 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 issues and organize evidence and legal arguments around the disputed focal points. This case was 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 certificate number: 11101200910454358, subject to the certificate 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) on defense and agency, compulsory measures (Article 67 on bail pending trial), leniency for pleading guilty and accepting punishment (Article 15), and evidence rules; and 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. Practical suggestions: Suspects or defendants should appoint lawyers to meet and understand the case as early as possible during the investigation stage; submit applications for bail pending trial in time if they meet the conditions; grasp the scope of leniency in cases of pleading guilty and accepting punishment; and the victims can file ancillary civil suits to claim compensation for material losses in accordance with the law. For property-related crimes, relevant evidence can be collected and analyzed to assist in the investigation and prosecution of the case.Creditor-debtor relations and enforcement case servicesRecovery of compensation.

5. Hengluo Law Firm's Advice

In criminal cases, time is of the essence. There are three key points: First, the suspect should promptly hire a lawyer to meet with him/her after being subject to compulsory measures, and submit a bail application or legal opinion; Second, the suspect should give a truthful statement and avoid changing his/her testimony repeatedly; Third, the suspect should actively return the illicit proceeds and make compensation to strive for lenient punishment. Never trust the promises of connections, and rely on facts and laws for defense. If you need professional support, you can seek help from a lawyer or a law firm.Special services and other case servicesThe docking team.

In criminal cases, families can focus on three key matters during the critical period: immediately appointing 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 prosecution, subjective intent, and role and position in the crime, and giving truthful statements to avoid retracting and repeating statements; and submitting applications and legal opinions in a timely manner if the suspect meets the conditions for bail pending trial. At the same time, they should collect evidence of mitigating circumstances, such as voluntary surrender, confession, accomplice status, plea bargaining, and return of illicit proceeds and medical records. They should not trust so-called "connections" or engage in private transactions with case-handling units. Fixing and submitting evidence of mitigating circumstances as early as possible often has a greater impact on coercive measures and sentencing outcomes than remedying the situation afterward. In practice, the 30-day period after criminal detention is a critical window for securing non-arrest or bail. Defence strategies should focus on the social danger and weaknesses of the evidence, and the best opportunity for intervention should not be missed.

VI. Frequently Asked Questions

Q1: Is it necessary to conduct a criminal risk assessment for executives even if they haven't been involved in any incidents?

It's necessary. Training and inspections cannot exempt from criminal responsibility, but they can expose hidden dangers in positions in advance, such as fund loss in the approval process, bid-rigging in tendering and bidding, and kickbacks and commercial bribery. Once involved in criminal cases, according to Article 15 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), pleading guilty and accepting the punishment can lead to lenient treatment. Pre-compliance rectification and standardized decision-making with traceable records can better demonstrate the lack of subjective malice. Compared with paying defense fees after the incident, the cost of pre-organization is obviously lower. The training should be conducted by practicing lawyers and a written risk list should be provided, rather than just a general explanation of legal provisions.

Q2: When screening executives for criminal risks, which types of position records should be reviewed?

The materials will be sorted into four categories: First, a list of job responsibilities and signing authorizations, clarifying who has the final decision-making authority over funds and contracts; Second, external contracts, bidding documents, and procurement records, to investigate signs of bid-rigging, collusion, and commercial bribery; Third, fund approval forms, reimbursement vouchers, and bank statements, to verify whether there are any off-book transactions; Fourth, communication records with suppliers and partners. After the sorting, lawyers will provide opinions on the threshold for criminal charges related to the relevant offenses in the specific provisions of the Criminal Law of the People's Republic of China for each item, forming a list of post-job rectification measures. This approach is more practical for daily operations than simply attending lectures.

Q3: How is the fee charged for providing criminal compliance training to executives?

There are three common pricing models: 1. **Per session pricing**: Suitable for one-time in-house training. 2. **Annual legal advisory packages**: Cover daily consultations and contract reviews. 3. **Specialized risk assessment projects**: Deliver position-specific risk reports. According to the *Measures for the Administration of Lawyer Service Fees* (effective April 1, 2007), fees for non-litigation services are negotiated and formalized in a written contract. During negotiations, clarify the lecturer's qualifications, whether a written report will be provided, and whether follow-up consultations will be charged separately. Beware of schemes that attract clients with prices far below market rates, only to increase fees later under the guise of in-depth assessments. When encountering abnormally low quotes, first verify the law firm's qualifications.

Q4: After the executive is interviewed, which case-handling deadlines must be closely monitored?

Families need to pay attention to three deadlines: in the investigation stage, detention after arrest generally cannot exceed two months, but can be extended if the case is complex; in the review and prosecution stage, it takes about one and a half months, and the return for supplementary investigation is limited to once every month, with a maximum of two times; in the first-instance ordinary procedure, the verdict is usually pronounced within two months. It's also important to remember that the 30-day period after criminal detention is the golden window to strive for non-approval of arrest and bail. Before and after the expiration of each node, families should ask lawyers to verify the progress with the case-handling authorities and, if necessary, submit applications for review of the necessity of detention to avoid the case being shelved and no one following up, resulting in damage to their rights and interests.

Q5: When starting the investigation, which three risk lists should be listed first on that day?

The first list lists the positions, highlighting high-risk positions such as fund approval, bidding and tendering, procurement, and external cooperation; the second list lists the business processes, specifying the signatories for each step, the process of handling the business, and the way of keeping records; the third list lists the materials, collecting contracts, approval forms, transaction records, and communication records for future reference. The three lists can be drafted on the same day, and then an appointment is made with a practicing lawyer for an interview to review the lists item by item and formulate a written risk opinion. This step is relatively inexpensive, but it determines the direction of subsequent training and rectification, which is more targeted than directly purchasing courses.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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 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 time.