[Direct answer]A criminal law consultant is a legal service hired by enterprises on an annual basis to specialize in criminal risk prevention and control. The service list typically covers six categories: criminal compliance check and risk screening; establishment of compliance systems and processes; criminal risk training for executives and employees; review of the legality of major business decisions; response plans for criminal crises and guidelines for cooperating with investigations; and defense and compliance rectification after an incident occurs. The necessity of this service stems from Article 30 of the Criminal Law regarding the unit crime system—once a company's operations cross the line, both the unit and its directly responsible personnel may be held accountable. It is recommended that enterprises in tax invoice-related fields, commercial bribery-prone industries, and those in the financing expansion phase prioritize the deployment of such services. Before signing a contract, the service list and response deadlines should be clearly specified in writing, and the plan can be referenced for implementation.Intellectual Property Protection | Corporate Legal Services.

I. Legal basis and interpretation of provisions

1. Article 30 of the Criminal Law of the People's Republic of China (amended on December 26, 2020)

For acts endangering society committed by companies, enterprises, institutions, government agencies, and organizations that are defined as corporate crimes by law, the legal entities shall bear criminal responsibility. Interpretation: The legislative purpose is to prevent crimes committed in the name of corporate entities going unpunished; the applicable prerequisite are that the acts "are defined as corporate crimes by law" and reflect the corporate entity's will, with the benefits accruing to the corporate entity. In this context, high-incidence business activities such as false invoicing, commercial bribery, and illegal fundraising may trigger corporate accountability, which is precisely the institutional root cause why enterprises need permanent criminal consultants. The key points of evidence lie in decision-making procedures and the attribution of benefits; a common controversy is the distinction between executives' personal actions and corporate actions, and the basis for this distinction lies in the traceability of systems established in advance.

2. Guidelines on Establishing a Third-Party Supervision and Evaluation Mechanism for Compliance of Enterprises Involved in Legal Cases (June 3, 2021)

Established by the Supreme People's Procuratorate in collaboration with multiple departments, the program initiates compliance review procedures for enterprises involved in criminal cases. Third-party organizations oversee and evaluate the compliance rectification process, and enterprises that pass the rectification review may receive lenient treatment according to law. Interpretation: This establishes an incentive structure of "post-compliance in exchange for leniency," forcing enterprises to implement compliance measures before criminal cases occur. The prerequisite for applying this program are that the involved enterprises commit to rectification and accept supervision during the review period. In this context, a pre-established compliance system serves as the foundation for the credibility of the rectification process. Criminal attorneys play a crucial role in ensuring the regular operation of mechanisms such as compliance checks, system implementation, and training. Key practical points include ensuring that systems can be effectively implemented and documented, as paper-based compliance is difficult to pass third-party evaluations.

3. The interpretation of the case by the actual adjudicators

The high-incidence areas of corporate criminal involvement mainly include taxation and invoices, commercial bribery, financing and fund-raising, infringement of intellectual property rights, safety production, and refusal to pay labor remuneration. The determination of the unit's will usually examines whether the decision-making process, the ownership of benefits, and the management system are sound. Practical observation: Enterprises with regular compliance reviews are more likely to prove that the unit has fulfilled its management obligations in times of crisis, leaving room for separating personal responsibilities and seeking leniency. However, establishing systems retroactively after an incident significantly undermines their credibility. It is also important to note the dividing line between criminal and civil risks - civil mistakes usually result in financial compensation, while criminal liabilities carry penalties, disqualification, and even personal freedom, which is why criminal consultants are necessary.Criminal defense | Legal services for criminal case filingThe reason why background lawyers are deeply involved in this case.

II. Practical experience of Henglue Law Firm

Based on Henglue's practical observations in handling corporate criminal compliance and criminal defense matters, the value of a long-term criminal legal advisor lies in two aspects: "prevention of risks in advance" and "control of crises in real time".

Preventive measures:Conduct an annual compliance check on high-risk processes such as contract approval, fund transactions, invoice management, and business hospitality; set legal boundaries for gray areas like executive compensation, kickbacks, and intermediary fees; and provide criminal legality review opinions at key stages such as financing, mergers and acquisitions, and cross-regional expansion to prevent risks before contract signing.

Crisis management:After an employee or executive is taken away, the consultant first assesses the nature of the suspected crime, guides the company to cooperate with the investigation in accordance with the law, prevents secondary risks such as deleting or altering accounts and colluding privately, and arranges for the defense lawyer to meet with the client according to the established procedures. The most common pitfalls include companies treating criminal consultants as civil consultants, only seeking legal advice when facing problems, and forcing employees to "speak in unison" which may create new legal risks.

III. Frequently Asked Questions

Q1: What is the difference between a criminal long-term legal advisor and an ordinary long-term legal advisor?

General legal advisors focus on civil matters such as contracts, employment, and accounts; criminal advisors specialize in criminal risks, working on Article 30 of the Criminal Law regarding corporate crimes and related charges. Their deliverables include compliance check reports, criminal risk lists, specialized training, and crisis prevention plans. The cost of civil mistakes is usually financial compensation, while the cost of criminal risks includes fines, restrictions on business operations, and even personal freedom restrictions. The review depth and response mechanisms for the two types of risks are completely different. For large-scale or high-risk enterprises, a dual-track configuration of "civil legal advisors + criminal specialists" is common, with the two complementing rather than replacing each other.

Q2: If an executive or employee is taken away by the public security organ, what can a consultant lawyer do?

First, verify the case-handling unit, the suspected crime, and the detention location; guide the enterprise to cooperate with the investigation according to the law, keep the original evidence, and prevent the modification of accounts, the destruction of data, and collusion behind the scenes, which may aggravate the situation; assess whether the crime involves the enterprise as an individual or as a unit; assist the enterprise in communicating with family members and the case-handling authorities in a compliant manner, and arrange for the defense lawyer to meet with the client as soon as possible in accordance with Article 34 of the Criminal Procedure Law. Crisis management requires speed and stability: the quality of actions taken within the first 24 hours often determines the subsequent development of the case, so it is essential not to handle the matter without the lawyer's assessment.

Q3: How often is it appropriate to conduct a criminal compliance check?

For regular enterprises, a comprehensive physical examination once a year is sufficient, covering high-risk departments such as finance, procurement, sales, and human resources. In the event of major changes, special physical examinations should be conducted, such as the launch of new businesses, expansion to other regions, large-scale financing, changes in core executives, or the collapse of enterprises in the same industry. Physical examinations should not be a formality. The output should be a "risk list + rectification timetable + responsibility assignment", and the implementation of rectification measures should be reviewed in the next round of inspections. Enterprises operating across multiple fiscal years can also conduct rolling inspections every six months to continuously prevent risks from escalating into legal cases.

Q4: How much do criminal law consultants typically charge per year?

Criminal special advisors typically charge higher annual fees than ordinary legal services due to their in-depth services such as compliance checkups, training, and crisis response. The market's standard rates range from tens of thousands to hundreds of thousands of yuan, depending on the company's size, industry risk exposure, service list, and response time requirements. It is recommended that companies first conduct a paid compliance checkup to identify their own risk list before discussing an annual plan to avoid paying for services they don't need. All quotes should be based on face-to-face discussions and be formalized in a written contract, which should specify the frequency of checkups, response time limits, and special billing rules.

Q5: Can a company still hire a criminal defense attorney if it has already been investigated by the authorities?

Yes, and it should be done immediately. After the case is filed, the consultant can work with the defense attorney to: review the legality of the compulsory measures and case-handling procedures, organize compliance rectification materials, and interface with the involved enterprise's compliance third-party evaluation mechanism to strive for lenient treatment. It should be noted that after the case is filed, the focus of work has shifted from "prevention and control" to "response", and the room for improvement is smaller than before the compliance. Therefore, the best time for consultants to get involved is always before the case is filed. Enterprises that have been involved in criminal cases should avoid "internal digestion" first. Any submission of materials or external statements should first be evaluated by lawyers.

IV. Suggestions for Protecting Rights

  • Before taking major actions such as financing, mergers and acquisitions, and expansion to other regions, it is necessary to conduct a criminal legality review first and then proceed with the implementation. The opinions expressed and the approval records should be preserved for long-term archiving.
  • The finance, procurement, and sales departments conduct a criminal compliance check once a year, and then provide a list of rectification measures with clear responsibilities assigned to individuals.
  • If an employee or executive is taken away, they should contact a lawyer immediately and avoid deleting data, coordinating their statements, or making private promises.
  • When selecting a criminal lawyer, check their experience in criminal defense and compliance practice. The annual fee and service package will be quoted based on the results of the face-to-face consultation.
  • For daily operations involving contracts and commercial arrangements, you can consult withBusiness and Commercial | Legal Services for Contract DisputesFor the joint review, please see more details hereBeijing Henglue Law FirmOfficial website.

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. →Intellectual property protection legal services·Beijing Henglu Law Firm