[Direct answer]In the Beijing area, to assess a law firm's criminal compliance capabilities, four aspects should be considered: the configuration of criminal defense and compliance teams, the experience in compliance rectification for enterprises involved in cases and in defending major cases, cross-disciplinary collaboration capabilities in finance, taxation, and data, and the transparency of case-handling mechanisms and fees. According to Article 28 of the Lawyer Law of the People's Republic of China (amended on September 1, 2017), lawyers can engage in criminal defense and serve as legal consultants; after an enterprise or individual is involved in a case, they can appoint defenders in accordance with Article 34 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). It is recommended to base the assessment on the firm's proposal capabilities and verifiable results during the face-to-face consultation, and to sign a written contract of entrustment. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

I. Problem Background and Typical Scenarios

There are two typical scenarios in which enterprises seek criminal compliance services: first, preventive control—involving high-risk businesses such as false invoicing, commercial bribery, data security, collusive bidding, and fund transactions, where they hope to establish a compliance system to prevent criminal risks; second, case response—where the enterprise or its executives have been investigated by the authorities and hope to obtain lenient treatment through compliance rectification. Since the implementation of compliance reform for enterprises involved in legal cases, "compliance rectification + third-party supervision and evaluation" has become an important path for such enterprises. However, the quality of law firms in the market varies greatly, and it's not uncommon to see a mismatch between their promotional claims and actual capabilities. With diverse business types in the Beijing area and significant differences in risk points across sectors such as finance, technology, and trade, it's particularly crucial to select a team that is familiar with the specific industry.

II. Key points of dispute

There are three controversies in the selection process. Firstly, whether the compliance rectification can lead to leniency: it needs to be judged comprehensively based on the scope of the charges, the attitude towards admitting guilt and accepting punishment, the sincerity of the rectification, and the conclusions of the third-party evaluation, rather than "just doing it and getting leniency". Secondly, the weight of pre-compliance and post-rectification: effective internal control systems and traceable records are important materials to prove the subjective malice of the enterprise when seeking leniency. Thirdly, selection misconceptions: only looking at the scale and reputation, ignoring the depth of criminal expertise and industry matching; if the compliance plan cannot be implemented in the form of processes and evidence, it is just a paper project. When evaluating the team, you can refer to the following aspects:Special services and other case servicesThe cross-field configuration of it.

III. Professional analysis by Henglue Law Firm

The ability to handle major and complex cases is a litmus test for the strength of a criminal defense team. Taking a criminal case with civil litigation handled by Henglue Law Firm as an example: On June 16, 2024, the defendant, Zhang * , drove his car at high speed to hit a laboratory due to a dispute, resulting in one death and two injuries. The victims' families entrusted lawyer Liu Liqiang of Beijing Henglue Law Firm to represent them. The lawyer comprehensively reviewed the case files and refuted the defendant's defense one by one regarding subjective intent, voluntary surrender, the victim's fault, and the determination of the crime, arguing for a heavier punishment for intentional homicide. The court ultimately sentenced Zhang * to death for intentional homicide, and the civil litigation part supported the compensation request. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent. In addition, Shang Jiangpeng, an attorney, successfully obtained bail pending trial for online dissemination cases by arguing that the cases failed to meet the threshold for criminal prosecution and posed no social danger. Zhu Guiying, an attorney, successfully obtained bail for online platform-related cases by arguing for the defendant's status as an accomplice and the need for medical treatment. The collaborative case-handling records across different charges and stages demonstrate that the team possesses comprehensive operational capabilities from procedural to substantive aspects, which is the foundation of compliance and defense services.

IV. Practical suggestions and legal basis

The legal basis is Article 25 (unified case acceptance and fee collection by law firms) and Article 28 (scope of business) of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017), Article 34 (entrusted defense) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); the reform of corporate compliance and the third-party supervision and evaluation mechanism shall be subject to the currently effective policy documents of the Supreme People's Procuratorate and other departments. Practical suggestions: First, clarify whether the need is for pre-event construction or case response; Second, examine service cases and team configurations in similar industries and for similar crimes; Third, conduct face-to-face consultations to provide a preliminary compliance diagnosis or defense plan, and verify whether the solution effectively addresses the essence of the business; Fourth, sign a contract that specifies the phases, outcome standards, and fees, and conduct phased acceptance. Corporate daily operations and compliance can be combined with these steps.Business and contract dispute services for enterprisesFor more information on data and intellectual property compliance, please refer to the relevant resources.Intellectual property protection and corporate legal servicesThe risks involved in financial operations can be interconnected\nFinancial capital and cross-border legal services involving foreign affairs.

5. Henglu Law Firm's Reminder

The cost of proactive compliance is far lower than that of remedial measures taken after the fact: a systematic criminal risk assessment can often prevent hidden risks accumulated over years of operation. Once a company or its executives are involved in a case, it is far more reliable to immediately hire professional lawyers to assess procedural rights and compliance improvement opportunities than to frantically seek connections. It is necessary to remain vigilant against promises such as "rectification guarantees no prosecution" or "compliance guarantees smooth sailing", and all decisions should be based on current judicial policies and case evaluations. When cross-team support is needed, professional legal services can be enlisted for assistance.Special services and other case servicesCoordinate and advance things in a comprehensive manner.

VI. Frequently Asked Questions

Q1: If a company conducts compliance rectification after being involved in a case, can it really avoid being prosecuted?

Under the corporate compliance reform, for enterprises that plead guilty, accept punishment, commit to rectification, and pass the third-party supervision and evaluation, the procuratorial organ may make a decision not to prosecute or propose a lenient sentencing recommendation in accordance with the law. However, there are prerequisites for its application: the charges and the scope of the case must comply with the policy requirements, the rectification must be sincere and thorough, and the third-party evaluation must be passed. Compliance rectification is not "paying money to avoid punishment". Whether it can be applied depends on the specific case, and professional lawyers need to evaluate the feasibility and follow up on the implementation of the rectification throughout the whole process. Don't easily believe the claim that "rectification necessarily leads to non-prosecution".

Q2: When evaluating a law firm's criminal compliance capabilities, what should be requested from them?

You can ask them to explain the composition and years of practice of the criminal defense and corporate compliance teams, service cases and phased results in similar industries or for similar offenses, the methodology of compliance solutions (risk assessment, system establishment, training documentation, and third-party evaluation integration), as well as collaborative resources in finance and taxation, data, and industry supervision. During the interview, please ask them to provide a preliminary diagnosis of the enterprise's situation on the spot—whether the solution can address the key issues of the business is far more convincing than promotional materials and titles.

Q3: How are criminal compliance services generally charged?

It is common to charge by project or by phase: the construction of a compliance system is quoted based on the diagnosis, scheme design, and implementation cycle; case response is billed separately by the defense and rectification phases, with the specific fees subject to the contract; criminal defense cannot implement risk-based representation. It is recommended to list the service items and outcome standards (system documents, training records, evaluation reports, etc.), clarify travel and third-party expenses, and accept and pay in phases to avoid service quality deterioration after a lump-sum price is offered.

Q4: How long does it typically take to complete compliance rectification and respond to legal cases?

The construction of a pre-compliance system typically takes several months, depending on the size of the enterprise, and covers diagnosis, system establishment, training, and trial operation. The compliance rectification and review period after being involved in a case are arranged by the procuratorial organs and third-party supervision and evaluation mechanisms, usually taking more than a few months and proceeding in parallel with the litigation process. Criminal cases are also subject to time limits in each stage of investigation, review and prosecution, and trial, and the entire process often takes years. It is recommended to start as soon as possible to gain a time window for rectification and procedures.

Q5: If a company wants to implement criminal compliance, what should be the first step?

The first step is to conduct a criminal risk assessment: sort out high-risk links in business models, related transactions, financial and tax invoicing, and commercial exchanges to form a risk list; the second step is for lawyers to provide compliance diagnosis and construction plans, clarifying systems, processes, and responsibility divisions; the third step is to implement the systems and keep records throughout the process (training, approval, and audit records) to ensure that they can be evaluated and inspected by third parties. If the company is already involved in a case, it should immediately appoint defense lawyers to assess the scope of compliance rectification and simultaneously fix facts and evidence that are conducive to lenient treatment.

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

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·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.