[Direct answer]In the Beijing area, criminal legal consultants can provide crucial support within a legal framework during an enterprise's criminal crisis: they can intervene promptly to understand the case, clarify the suspected charges and the investigation stage, guide cooperation with the investigation and prevent verbal evidence from getting out of control, identify the boundaries between corporate crimes and personal responsibilities, coordinate crisis communication and media responses, and link up with defense and compliance rectification. According to Article 34 of the Criminal Procedure Law of the People's Republic of China, a criminal suspect may appoint a defense attorney from the moment they are first interrogated or subjected to compulsory measures by the investigative organ. It is recommended to hire a professional criminal defense team as soon as the crisis emerges to avoid making unfavorable statements in a panic. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

1. Problem background and typical scenarios

Corporate criminal crises often come unexpectedly: executives are taken away for investigation, accounts are frozen, offices are sealed off, or they receive a "Notice of Case Filing". Typical scenarios include: the discovery of false VAT invoices, the reporting of commercial bribery, criminal charges for infringement of trade secrets, and involvement in illegal fundraising or contract fraud. Many companies' first reaction is to use connections, maintain a unified stance, and destroy accounts, which may instead lead to suspicions of obstruction of justice or destruction of evidence. The correct approach is to cooperate with the law, respond professionally, and adhere to ethical principles. For internal corporate investigations, it may be appropriate to combine withIntellectual property protection and corporate legal servicesCarry out compliance integration, or refer to the following for reference.Business and contract dispute resolution services for enterprisesClarify the boundaries between civil and criminal cases.

II. Key points of contention

There are three controversial issues in crisis response. Firstly, the distinction between corporate crime and individual responsibility: for the same act, it is crucial to clarify the decision-making chain to determine the scope of accountability. Secondly, the balance between cooperation and resistance: the obligation to provide truthful statements and the need to avoid self-incrimination, as well as the ease with which verbal evidence can be fixed. Thirdly, asset disposal: how to ensure basic operations after account freezing and which properties can be seized. For personnel subject to coercive measures, reference can be made to the relevant provisions.Criminal defense and criminal case filing servicesUnderstand your rights and procedures, or combine them with other information to make your case more convincing.Special services and other case-related servicesCarry out crisis coordination.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling criminal cases involving enterprises, the most dangerous situation is often a misstep during the "critical 37-day period". According to the relevant provisions of the Criminal Procedure Law, the time limit for applying for approval of arrest after detention is generally three days, which can be extended under special circumstances. Added to the seven days for the procuratorate to review and approve the arrest, the critical window is extremely short. After Henglue Law Firm intervenes, we usually do three things first: understand the suspected crime and the current stage of the case, stabilize the emotions of family members and the enterprise to prevent irrational actions, and guide them to cooperate with the law and fix favorable facts; at the same time, distinguish the responsibilities of the unit and individuals, and evaluate the compliance rectification to strive for leniency. For the enterprises involved in the case, we will also pay attention to the impact of the disposal of the involved property on the survival of the enterprise. For cases involving property execution, we can follow up accordingly.Creditor-debtor relations and enforcement case servicesProtect the lifeline of the business operation.

IV. Practical suggestions and legal basis

The legal basis is Article 34 (rights to appoint defense attorneys), Article 35 (defense duties) of the Criminal Procedure Law (amended on October 26, 2018), as well as the provisions on coercive measures, approval of arrests, and investigation procedures; for corporate crimes, the Criminal Law's principles on corporate crimes and their punishments (such as Articles 30 and 31) apply. Practical advice: Hire criminal defense lawyers as soon as the crisis emerges, and avoid using a standardized response or destroying evidence; when the responsible person is investigated, cooperate with the authorities according to the law but avoid exaggerating self-admission; sort out the decision-making chain to distinguish corporate and individual responsibilities; claim the necessity of business operations for the involved assets according to the law; and simultaneously evaluate compliance rectification to seek leniency. For cases involving violations of employment and social insurance regulations, relevant evidence can be provided in combination with other materials.Special services and other case servicesIdentify and address related risks.

5. Henglu Law Firm's Advice

When a company is involved in criminal cases, panic leads to confusion, and confusion leads to mistakes. Three reminders: First, immediately seek the help of a professional criminal defense team instead of relying on connections or following a standard script, as the latter two may themselves be suspected of committing crimes; Second, cooperate with the investigation in accordance with the law but be cautious with your words. All statements should focus on the facts, without speculating, assuming responsibility, or destroying any materials; Third, simultaneously protect the rights and interests of the company and employees, clarify the boundaries of corporate and personal responsibilities, and apply for the unfreezing of necessary operating accounts in accordance with the law. Crises are also opportunities to rebuild compliance. It's never too late to mend the fence after the sheep are lost. If you need help with coordination, you can seek assistance from a professional team.Special services and other case servicesDevelop a crisis response and rectification plan.

VI. Frequently Asked Questions

Q1: The company has already been involved in the case. Is it still useful to hire a criminal law consultant, and can it help mitigate the consequences?

It's useful, but its effectiveness depends on the timing of intervention and the specific circumstances of the case. Lawyers cannot "settle cases", but they can clarify the charges and stages within the legal framework, guide clients to cooperate with the law, prevent oral evidence from getting out of control, distinguish between the responsibilities of the unit and individuals, and strive for leniency in compliance rectification. According to Article 34 of the Criminal Procedure Law, a defendant can appoint a lawyer immediately after being investigated. The earlier the intervention, the more likely it is to avoid "secondary violations" such as destroying evidence and colluding in giving false testimony; if there are indeed mitigating circumstances (such as voluntary surrender, returning the illegal proceeds, and compliance rectification), lawyers can claim them according to the law. Never believe in "using connections to bail people out", which is itself a risk. Instead, we should follow the path of defending and rectifying according to the law.

Q2: In a criminal crisis, what matters do enterprises need to prepare and cooperate with?

The enterprise shall cooperate in the following aspects: organize contracts, accounts, approval records, and communication records related to the matters under investigation (without deleting or modifying them); sort out the decision-making chain and signatories to identify the responsible parties; truthfully state the facts to the lawyer; and provide basic information of the involved personnel and the situation of coercive measures. Note: Do not adopt a unified statement, do not instruct witnesses to change their testimonies, and do not destroy or conceal materials. These actions may constitute new crimes in themselves. At the same time, prepare the enterprise's business licenses, social insurance and operating data to facilitate the lawyer's assessment of the boundaries between the unit's criminal responsibility and individual responsibility, and to apply for the unfreezing of necessary operating accounts.

Q3: If a company is involved in criminal cases, how much does it cost to hire a criminal law consultant?

Criminal legal services fees are usually charged by stages (investigation, review and prosecution, trial) or on a full-service basis, with fees calculated on a per-case basis or based on the workload. The fees are negotiated and agreed upon in writing between the law firm and the client, and there is no unified standard. The fees for major, complex, cross-regional, or group cases are significantly higher. According to relevant regulations, risk-based fees are prohibited in criminal litigation, and fees must be transparent. It is recommended that enterprises clarify the content and fees of each stage of services before entrusting the lawyer, whether it includes compliance rectification, and how third-party expenses such as travel are calculated, and sign a written entrustment contract. Never choose lawyers with no criminal defense experience just because they offer low prices. Saving money on key stages may lead to serious mistakes.

Q4: How long does it usually take for a company to handle a criminal case?

The duration of the legal process varies greatly depending on the type of case and its complexity: the investigation stage (including detention, approval of arrest, and conclusion of the investigation) may take several months; the review and prosecution stage typically takes one and a half months, with the possibility of returning the case for supplementary investigation; the first-instance ordinary procedure is completed within two months and no later than three months, and may be extended for major and complex cases; if there is an appeal, the second-instance procedure will take several additional months. Cases involving multiple suspects and complex circumstances will take even longer. Compliance rectification and the disposal of involved assets will also prolong the process. Enterprises should anticipate a long-term legal battle and proceed in stages under the guidance of lawyers to avoid making rash decisions that could harm their interests. For cases involving asset disposal, they can simultaneously protect their rights by seeking relevant enforcement services.

Q5: If a company suddenly encounters a criminal-related crisis, what should it do first?

Here are the four suggestions: First, stay calm and immediately stop any actions of destroying evidence, coordinating statements, or instructing others to lie under oath, as these actions themselves constitute criminal offenses. Second, hire a professional criminal defense lawyer as soon as possible to understand the suspected charges, the current stage of the case, and the coercive measures that have been taken. Third, cooperate with the investigation in accordance with the law, provide truthful information, exercise caution in speech, avoid speculation or assuming responsibility, and Fourth, sort out the decision-making chain to distinguish the responsibilities of the unit and individuals, evaluate the opportunities for leniency such as compliance rectification and returning illicit gains, and apply for the unfreezing of necessary business accounts in accordance with the law. Throughout the entire process, respond lawfully and turn the crisis into an opportunity for regulatory compliance and reconstruction.

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

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

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. In case of disputes, please consult a practicing lawyer in time.