[Direct answer]In the Beijing area, the fundamental difference between corporate criminal legal consultants and ordinary legal consultants lies in the fact that the former must be practising lawyers, who can intervene in the investigation stage, meet with criminal suspects, review case files, and represent the unit in criminal defence; while the latter are mainly engaged in daily compliance and contract support, and do not have exclusive rights as lawyers. According to Article 34 of the Criminal Procedure Law, criminal suspects have the right to appoint defenders from the date of their first interrogation or the adoption of coercive measures by the investigating organ, and during the investigation period, they can only appoint lawyers; ordinary legal consultants cannot meet with suspects or review case files. When facing criminal risks such as corporate crimes, embezzlement of funds, and commercial bribery, only criminal legal consultants can truly enter the defence process. For more details, please refer to the following link:Criminal defense and criminal case filing services.

1. Problem background and typical scenarios

Corporate criminal risks often come unexpectedly: responsible persons are taken away for investigation on suspicion of embezzling funds; companies are investigated for commercial bribery; pollution of the environment and false invoicing of VAT special invoices lead to charges of corporate crime; and executives' personal behavior implicates the company. At this time, the legal advisors with whom the company usually cooperates can only provide compliance advice, but they are unable to meet with and understand the case during the investigation stage, let alone act as defenders. Missing the golden intervention period may blur the boundaries between corporate crime and personal responsibility that could have been clarified, and increase the risks for both the company and individuals. Relevant corporate governance can be referred to for reference.Business and contract dispute services for enterprises.

II. Key points of contention

The disputes focus on three aspects: Firstly, the boundary between corporate crimes and individual crimes. According to Articles 30 and 31 of the Criminal Law, only the unit is fined and the directly responsible persons are held accountable. If the distinction is not clear, it will increase the personal risk. Secondly, the right to intervene in the investigation stage. Ordinary consultants cannot meet with clients or review case files, which makes it difficult for enterprises to grasp the case situation and stabilize the situation in time. Thirdly, compliance rectification and mitigation of punishment. Lawyers with criminal law experience can promote compliance rectification and strive for leniency at the same time, while ordinary consultants lack the corresponding procedural capabilities. All three disputes point to whether practicing lawyers should be involved. In complex situations, it is advisable to seek the assistance of lawyers with criminal law experience.Specialised legal services.

III. Professional analysis by Henglue Law Firm

Judging from similar cases, the outcome of corporate criminal cases often depends on early intervention and accurate legal classification. After lawyers get involved, they first do three things: first, stabilize the situation, meet with the management to understand the case and reassure them, and prevent improper statements; second, ensure legal classification, distinguishing between corporate crimes and individual violations, and between supervisory responsibilities and direct responsibilities, to prevent responsibilities from being improperly expanded; third, advance the process, identifying the scope of accountability in accordance with Article 31 of the Criminal Law, and striving for leniency through compliance rectification. Many companies mistakenly believe that they should handle the matter internally first, only to miss the best window for defense. The value of criminal legal counsel lies in transforming the crisis from a passive response to an orderly defense within the legal process. The basic principles of corporate compliance can be referenced for reference.Intellectual property protection and corporate legal services.

IV. Practical suggestions and legal basis

Legal basis: Article 30 of the Criminal Law defines the scope of corporate crimes, and Article 31 establishes the system of double punishment; Article 34 of the Criminal Procedure Law grants suspects the right to appoint a defense attorney from the day they are first interrogated or subject to compulsory measures, and they can only appoint lawyers during the investigation period; Article 33 of the Lawyers Law guarantees defense lawyers the right to meet detained individuals with their practice certificates, law firm certificates, and power of attorney documents. Practical suggestions: Enterprises should sign contracts with legal consultants who have criminal litigation capabilities on a regular basis, rather than seeking them out only when a case occurs; establish emergency response procedures for executives involved in cases; once someone is taken away, immediately involve lawyers and suspend unnecessary external statements; simultaneously preserve compliance-related evidence to leave enough room for subsequent qualitative defense and rectification. Crisis response can also be combined with these measures.Intellectual property protection and corporate legal servicesCoordinate and plan everything in an organized and efficient way to ensure that all tasks are completed on time and within budget.

5. Henglue Law Firm's Reminder

Corporate criminal risks are not rare accidents, but rather risks that accompany the scale of operations. The most taboo thing is to only seek help after the incident occurs and let employees speak freely internally. It is recommended that enterprises incorporate criminal legal consultants into their regular compliance systems, conduct risk inspections on a regular basis, and have lawyers intervene according to pre-defined plans in emergencies. It should be emphasized that criminal legal consultants must be practising lawyers, as this is the basis of procedural rights; ordinary legal consultants cannot replace their functions of meeting with investigators, reviewing case files, and providing defence during the investigation stage. If an enterprise is facing or may face a criminal investigation, it should contact professional criminal lawyers as soon as possible to stabilize the situation for both the enterprise and its employees. For more information, please refer to the following link:Beijing Henglue Law Firm.

VI. Frequently Asked Questions

Q1: What exactly can an ordinary legal advisor do to assist in a criminal case?

An ordinary legal advisor can serve as an internal compliance force for enterprises, assisting in sorting out business processes before and after an incident, preserving non-involved materials, coordinating external communication, highlighting legal risks, and helping enterprises hire criminal defense lawyers as soon as possible. However, they do not have the status of a practicing lawyer and cannot meet detained individuals, review case files, or defend in court. They also do not enjoy the confidentiality and protection of duties guaranteed to defense attorneys. Therefore, the role of an ordinary legal advisor is front-end compliance and emergency coordination. True criminal defense must be undertaken by a criminal legal advisor who is a practicing lawyer, and the two cannot be substituted for each other. It is necessary to ensure a smooth transition between the two roles as early as possible.

Q2: When a company is suspected of corporate crime, why must it hire a criminal lawyer instead of an ordinary consultant?

Because the handling of corporate crime cases highly relies on the ability to handle criminal litigation procedures. Criminal lawyers, in accordance with Article 34 of the Criminal Procedure Law, can act as defenders in the investigation stage and, in accordance with Article 38, review case materials and understand the direction of the charges; they can meet with the directly responsible supervisors to clarify the boundaries between the corporate will and individual actions; they can put forward opinions on the corporate's innocence or limited liability in the review and prosecution stage, and promote lenient paths such as compliance rectification and plea bargaining. Ordinary consultants not only lack the right to meet and review case materials, but also lack criminal defense experience, making it impossible for them to form an effective defense at critical junctures. As a result, enterprises may bear fines and reputation losses that could have been avoided.

Q3: In the case of corporate crimes, is it possible to only punish the company and not the individuals involved?

In principle, it is impossible to punish only the company and not the individuals. According to Article 31 of the Criminal Law, if a unit commits a crime, the unit shall be fined, and the directly responsible person in charge and other directly responsible persons shall be sentenced to criminal punishment. The principle is to impose double punishment. However, the scope of directly responsible persons needs to be strictly determined by evidence, and not all executives are necessarily responsible. If the act is purely an individual's overstepping of authority and does not reflect the unit's will, it may also be identified as an individual crime rather than a unit crime. Therefore, the focus of defense is to clarify the boundaries between the unit's will and individual actions, and to exclude those who should not be held responsible. This is precisely the professional strength of criminal legal consultants.

Q4: If a company's account is frozen, can an ordinary legal advisor apply to unfreeze it?

Regular legal advisors can assist in organizing materials, explaining the nature of the funds, and cooperating with the investigating authorities in verification, but core actions such as formal defense, legal opinions, and meeting and communication require practicing lawyers to carry out in their role as defense attorneys. Account freezes often occur in the investigation stage. Lawyers can legally understand the basis and scope of the freeze, distinguish between the funds involved in the case and legitimate business funds, and propose applications for lifting or modifying the freeze for obviously excessive or erroneous freezes, and promote the separation of funds needed for the normal operation of the enterprise from the funds involved in the case. Regular advisors lack the corresponding procedural status and are difficult to directly promote the lifting of the freeze. Enterprises should try to involve criminal lawyers as early as possible to maintain the continuity of their operations.

Q5: How can companies determine whether they need to hire a criminal law consultant?

Three indicators can be used to judge this: First, the industry attributes. Financial, environmental protection, medicine, engineering, tax-related and other fields have inherently high criminal risks; Second, behavioral characteristics. Operations such as subcontracting, receiving public funds into personal accounts, flexible employment, and commercial rebates are prone to violate legal norms, leading to rapid accumulation of risks; Third, external environment. Those who are currently under administrative investigation, have been reported, or whose partners have encountered problems are highly likely to face criminal risks. If any of these indicators apply, it is necessary to consider hiring a legal advisor with criminal defense capabilities rather than waiting until a case occurs. Regular criminal compliance checkups are far more cost-effective than dealing with emergencies, and they can also help gain the initiative when a crisis truly arises.

The above Q&A is mainly based on judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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.Intellectual property protection legal services·Beijing Henglu Law Firm