[Direct answer]In the Beijing area, criminal legal consultants mainly undertake the work of corporate criminal compliance and risk prevention, including criminal legal risk inspections, the establishment of compliance systems, early warning of criminal matters, crisis response plans, and providing defense and representation in cases of corporate crimes. According to Article 25 of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017), lawyers can serve as corporate legal consultants; Articles 30 and 31 of the Criminal Law (implemented on October 1, 1997 and subsequently amended) establish the concept of corporate crimes and the double punishment system. Its value lies in identifying the criminal red lines in business activities in advance and reducing the risks to enterprises and responsible persons. For related compliance, please refer to the following materials:Corporate legal advisory services.

I. Problem Background and Typical Scenarios

Corporate criminal risks often lurk in daily operations, such as forging VAT invoices, commercial bribery, illegally absorbing public deposits, infringing trade secrets, polluting the environment, and embezzling company funds, many of which are triggered by a lack of compliance. Typical scenarios include: pushing financial staff to "book accounts" beyond legal boundaries for tax avoidance; sales staff exchanging kickbacks for orders; financing models that skirt the line of illegal fundraising; and omitting criminal stains of targets in merger and acquisition due diligence. Many entrepreneurs mistakenly believe that "there's no risk if nothing happens," only realizing the lack of professional advice when a case is filed. For cases involving contract disclosure, follow-up measures can be taken accordingly.Business and contract dispute services for enterprises.

II. Key points of dispute

There are three boundaries in work: first, the connection between "compliance and defense". Pre-employment physical examinations can prevent risks, and post-employment interventions can protect rights. The two should not be confused; second, the division of responsibilities between "units and individuals". Units that commit crimes will be subject to double penalties, and the risks of responsible persons exist independently; third, "identifying red lines". The boundaries between civil breach of contract and criminal offenses in the same commercial behavior are often blurred, and professional judgment is needed. It is recommended to conduct targeted physical examinations based on the list of high-incidence crimes in the industry. For complex cross-border cases, reference can be made to relevant materials.Special servicesEvaluation.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling corporate criminal and compliance cases, the vast majority of risks stem from "institutional deficiencies combined with a sense of complacency": Finance departments violate invoice regulations to meet performance targets, and sales teams use rebates to boost sales figures. These are often isolated cases rather than exceptions. Henglu Lawyers typically advise enterprises to conduct a criminal compliance audit first, establish internal red line lists and approval processes based on high-incidence crimes in their industry, and provide specialized training for key positions. Once a criminal investigation is suspected, they immediately safeguard the right to be informed and the right to attorney intervention to avoid improper verbal evidence. It's worth noting that consultants focus on prevention and rights protection, and professionals only provide assistance with legal solutions, without promising "immunity from punishment" or "zero risk".

IV. Practical suggestions and legal basis

The legal basis includes Article 2 and Article 25 (the basis for the practice of legal consultants) of the Lawyers Law (amended on September 1, 2017); Articles 30 and 31 of the Criminal Law (implemented on October 1, 1997 and amended subsequently) regarding corporate crimes and the double punishment system; and the provisions of the Criminal Procedure Law (amended on October 26, 2018) concerning defense lawyers' rights to review case files, conduct meetings, and collect evidence. Practical suggestions: Conduct criminal compliance checkups by industry, establish approval and reporting mechanisms, and provide targeted training for key positions; promptly hire lawyers to intervene in criminal investigations and protect the rights of suspects, defendants, and corporate entities in accordance with the law. For cross-border compliance issues, relevant measures can be implemented in conjunction with other regulations.Special servicesCoordination.

5. Henglu Law Firm's Reminder

The core value of criminal legal advisors is to "keep enterprises out of criminal proceedings". Proactive risk management is far better than reactive defense: establishing a red-line list, approval and training systems is more controllable than putting out fires after an incident. Entrepreneurs should view criminal compliance as a business bottom line, rather than an optional choice. Beijing Henglue Law Firm can provide enterprises with criminal compliance checkups and crisis response support. It is recommended to first assess the high-risk areas in the industry before formulating a plan.

VI. Frequently Asked Questions

Q1: What is the difference between a criminal law consultant and a general corporate legal counsel?

General legal services focus on daily civil and commercial matters such as contracts and employment, while criminal legal consultants specialize in identifying and preventing criminal risks and responding to crisis situations involving criminal charges. The former aims to prevent "financial losses", while the latter aims to prevent "imprisonment and corporate crimes". Criminal consultants will conduct targeted assessments of high-frequency crimes such as false invoicing, commercial bribery, illegal fundraising, and intellectual property infringement, and provide rights protection and defense coordination before and after the case is filed. The two complement each other: general legal services handle routine matters, while criminal consultants deal with red lines and crises. The larger the scale of the enterprise and the greater its exposure to risks, the more the latter is needed to fill the gap.

Q2: What are the behaviors of enterprises that are most likely to cross the criminal red line, and how can consultants prevent this from happening?

There are five high-risk areas: tax-related (fraudulent invoicing, tax evasion), financial-related (illegal deposit-taking, fund-raising fraud), commercial bribery (bribery of non-state employees), intellectual property-related (violation of trade secrets, counterfeiting of registered trademarks), and duty-related (embezzlement of duty, misappropriation of funds). Consultants identify weaknesses through compliance checkups, establish approval, reporting, and training systems, conduct criminal compliance reviews of key transactions, and initiate response plans when crises first emerge to prevent risks before cases are filed. For related prevention measures, please refer to the following document:Contracts and commercial compliance.

Q3: How much does it cost to hire a criminal law consultant?

The fees vary depending on the service model, typically divided into two categories: annual compliance consulting and case-based special services. The specific fees are determined through negotiations based on the scope of services, the size of the enterprise, and the complexity of the risks, with no unified standard. Annual compliance focuses on health checks and system construction, and is billed on an annual basis. Crisis response involving criminal cases is often charged on a case-by-case or hourly basis. Compared to the losses and liabilities arising from a single criminal case, proactive compliance investments are generally more manageable. It is recommended to first clarify your needs before requesting a quote, and to be cautious of false promises such as "guaranteed exemption from punishment". The contractual scope should be determined in writing.

Q4: When do criminal legal consultants typically get involved, and how long do they usually stay involved?

The best intervention point is "beforehand": embedding compliance reviews into the business model rather than seeking legal advice after a case has been filed. Compliance should be carried out on an annual basis and adjusted dynamically according to changes in business operations and regulatory requirements. Once a criminal investigation begins, consultants shift to crisis response, with the duration of the process depending on the stage of the case, which may span from investigation to prosecution and trial. It is recommended to establish compliance as a standardized mechanism rather than a temporary remedy, especially in areas where industry regulation is becoming increasingly stringent. It is crucial not to wait until risks materialize before taking action.

Q5: How can a company start establishing criminal compliance and liaise with criminal legal consultants?

There are four steps: First, sort out the high-incidence crimes in the industry and the enterprise's business processes to form a risk list; Second, select a team with experience in criminal compliance and clarify the service model and confidentiality; Third, sign a consultancy contract to stipulate the scope of the review, the establishment of systems, and crisis response; Fourth, implement the red-line list, approval processes, and employee training, and conduct regular reviews. For major transactions in daily operations, conduct compliance reviews first, and ensure that lawyers are involved as soon as possible when there are suspected criminal issues. For reference, please refer to the following document:Enterprise legal advisory servicesUnderstand the scope of the project.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the courts may differ, which may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.