[Direct answer]In the Beijing area, finding a lawyer with dual competencies in "criminal defense and corporate compliance" — corporate criminal investigations are not ordinary criminal defense cases. They involve three fronts of combat: the individual front (defending executives and employees), the corporate front (identifying and severing corporate crimes), and the operational front (crisis management of account seizures, business suspensions, and customer loss). The ideal team configuration is: an experienced criminal defense lawyer (with accumulated cases in similar charges) + a consultant familiar with the corporate compliance reforms (using compliance rectification to obtain lenient treatment) + industry technical support when necessary (taxation, finance, data). Those who only understand criminal law but not corporate operations cannot handle the operational front; those who only focus on compliance but not criminal defense cannot withstand the confrontation of the individual front.

1. Problem background and typical scenarios

The company is being investigated: the account is frozen, the books are seized, and the employees are taken away for questioning. The problems facing the responsible person are a series of questions - is the lawyer hired for the boss or for the company? Should we save the individual first or the company first? Can we use the compliance rectification? Can the "all-round lawyer" recommended by ordinary civil lawyers be relied on? The choice of a lawyer for an enterprise's criminal crisis involves an additional organizational dimension of consideration compared to individual criminal defense.

II. Key points of dispute

Firstly, the coordination of personal and corporate lines. Secondly, relevant experience in dealing with the crimes involved. Thirdly, the integration of resources for compliance rectification. Fourthly, crisis management and the identification of conflicts of interest.

III. Professional analysis by Henglue Lawyers

First Level: Balancing Double Standards as the Primary Principle In corporate criminal cases, there is often tension between individual defense of executives and corporate liability responses—the company wants to shift blame to individuals to survive, while individuals seek to mitigate responsibility by claiming actions were corporate decisions or executions. Lead counsel must be capable of designing a "responsibility allocation plan": identifying which actions qualify as corporate acts and which as individual acts, and allocating fines and restitution between the company and individuals. This requires a dual perspective on corporate governance and criminal defense. Second Level: Case-Matching Filtration Method Different criminal charges require vastly different defense strategies: - Tax-related cases (calculating the amount of VAT invoices and proving subjective knowledge) - Illegal fundraising cases (distinguishing between non-absorption and fraud, and understanding the relationship between liquidation and prosecution) - Commercial bribery cases (defining bribery of non-state employees versus corporate bribery) - Intellectual property infringement cases (identifying similarity and calculating illegal business revenue) Selection method: Let lawyers share their experience handling similar cases (amount levels, defense highlights, and outcome ranges). Those unable to provide case details or ruling principles have questionable expertise. Also evaluate their familiarity with the prosecution authorities’ (Economic Crime Investigation Bureau, Tax Bureau, Inspection Bureau) procedural styles. Third Level: Practical Resources for Compliance Reform Enterprise compliance reform is a lifeline for companies involved in criminal cases: - For minor offenses, initiating compliance reforms and obtaining non-prosecution or lenient treatment through third-party supervision and evaluation - Lawyers must possess: - Designing remediation plans (special compliance programs, system reconstruction, personnel management) - Communicating with third-party mechanisms and regulatory authorities - Drafting compliance review documents When consulting, directly ask: "Have you handled non-prosecution cases through compliance reforms? What are the reform timeline and review process?" Only those with practical experience qualify as true resources. Fourth Level: Crisis Management and Fee Transparency Enterprise services also include crisis management: - Reviewing the legality of account freezes and applying for their lifting - Communicating with prosecution authorities - Employee reassurance and public relations guidance - Ensuring contractual obligations with clients and suppliers When selecting lawyers, confirm: - Whether services cover operational aspects (not just defense) - Fee structure (phased vs. per-item) - Corporate payment entity and invoicing arrangements Finally, emphasize time sensitivity: The critical window for corporate criminal crises is the first 30 days. Every negotiation over case classification, coercive measures, and asset seizure scope occurs during this period. The "wait-and-see" mentality is the most costly mistake in corporate criminal crises.

IV. Practical Suggestions and Legal Basis

The first step is for the company and the individuals involved in the case to respectively appoint and investigate potential conflicts of interest. The second step is to verify the cases of the principal lawyer with the same charge and the resources for compliance rectification. The third step is to clarify that the scope of services covers personal defense, corporate response, and business line disposal. The fourth step is to initiate qualitative assessment, investigation of objections, and preparation for compliance rectification at the early stage of the crisis. The main legal basis includes the relevant provisions of the Criminal Procedure Law of the People's Republic of China on the litigation procedures for corporate crimes, the relevant provisions of the Criminal Law of the People's Republic of China on corporate crimes, and the relevant regulations on corporate compliance reform and third-party supervision and evaluation mechanisms. The specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

Three tips for choosing a lawyer for corporate criminal defense: Plan your strategy comprehensively, appoint different lawyers to avoid conflicts of interest; verify the charges based on actual cases, and address compliance issues in detail; cover all aspects of business operations, and set the tone before the 30-day grace period. For corporate criminal crises, you can seek assistance through the following channels:Criminal defense and criminal case filingThe service provides a comprehensive solution, which can be integrated with the construction of a compliance system.Intellectual property protection and corporate lawFor plates involving financial and contractual risks, you can refer to the relevant information for reference.Business and contract disputes in enterprisesFor any questions regarding difficult situations, you can consult the column for assistanceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Is finding a lawyer for the company the same as finding one for the boss?

They are different. The subjects, interests, and strategies of corporate entrustment and individual entrustment are all different. Therefore, they should be entrusted separately and conflicts should be identified and resolved accordingly.

Q2: Can compliance rectification really lead to a dismissal of charges?

Qualified enterprises involved in criminal cases (especially minor criminal cases of private enterprises) can strive for non-prosecution or lenient punishment after effective rectification and passing the evaluation.

Q3: Can lawyers who only handle civil and commercial cases handle this case?

It's not recommended. Corporate criminal law is an interdisciplinary field of criminal defense and compliance, which requires practical experience in the relevant field.

Q4: What should I do if my account is frozen?

Review the legality of the freezing, distinguish the funds involved in the case from the normal operating funds, and apply for the lifting of the freezing beyond the scope of authority.

Q5: What should the company do if an employee is taken away by the police?

Hire a lawyer to meet with the family to understand the situation and comfort them. However, due to internal disagreements, the company only cooperates with the lawyer honestly and truthfully.

This case is handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting as the agent.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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. →Criminal defense legal services·Beijing Henglue Law Firm

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