[Direct answer]In the Beijing area, finding a lawyer with dual capabilities in "criminal defense and corporate compliance" — corporate criminal investigations are not ordinary criminal defense cases. They involve three fronts of combat: the individual front (defense of executives and employees), the corporate front (identification and severance of corporate crimes), and the operational front (crisis management of account seizures, business suspension, and customer loss). The ideal team configuration is: an experienced criminal defense attorney (with accumulated experience in similar cases involving the alleged crime) + a consultant familiar with the corporate compliance reforms (using compliance rectification to secure lenient treatment) + industry technical support (tax, finance, data) when necessary. 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.

I. Problem Background and Typical Scenarios

The company was investigated: its accounts were frozen, its books were seized, and its employees were taken away for questioning. The responsible person faced a series of questions—should he hire a lawyer for the boss or for the company? Should he save the individual first or the company first? Could the compliance rectification be used? Could the "all-round lawyer" recommended by ordinary civil lawyers be effective? The choice of a lawyer for an enterprise's criminal crisis involves an additional layer of organizational considerations compared to individual criminal defense.

II. Key points of contention

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

III. Professional analysis by Henglue Law Firm

The first layer: Coordinating dual lines is the first standard. In corporate criminal cases, there is often tension between executives' personal defense and the company's responsibility response—the company wants to shift blame to individuals to ensure its survival, while individuals want to reduce their responsibility by claiming that decisions or actions were made by the company. Lead counsel must be capable of designing a "responsibility allocation plan": identifying which actions qualify as corporate acts and which as individual acts, and distributing fines and restitution between the company and individuals. This requires a dual perspective on corporate governance and criminal defense. For agency structures, corporate and individual mandates must be separated (to screen for conflicts of interest), and law firms simultaneously representing companies and executives must assess conflict risks carefully. The second layer: A screening method based on crime-specific requirements. Different crimes require vastly different defense techniques—tax-related cases (calculating the amount of VAT invoices fraudulently issued and proving subjective knowledge), illegal fundraising cases (distinguishing between non-absorption and fraud, and assessing the relationship between liquidation and prosecution), commercial bribery cases (characterizing bribes to non-state employees vs. corporate bribery), and intellectual property infringement cases (authenticity verification and illegal business revenue). Screening methods include: asking lawyers to share their experience handling similar cases (amount ranges, defense key points, and outcome ranges), and evaluating their familiarity with the procedural styles of investigative authorities (economic crime investigation, tax investigation, and supervision bureau referrals). The third layer: Practical resources for compliance rectification. Compliance reform for implicated enterprises is a lifeline—for minor crimes involving private enterprises, initiating compliance rectification and passing third-party supervision evaluations may lead to non-prosecution or lenient treatment. Lawyers must possess: design capabilities for rectification plans (special compliance programs, system establishment, and personnel management), communication experience with third-party mechanisms and regulatory authorities, and document drafting skills for rectification acceptance. When consulting, directly ask: "Have you handled cases where compliance rectification led to non-prosecution? What are the rectification timeline and acceptance process?" Only those who can provide practical details demonstrate true expertise. The fourth layer: Crisis management and fee transparency. Corporate services also include crisis response—reviewing the legality of account freezes and applying for their lifting, communicating with investigative authorities, employee reassurance, and public relations guidance, as well as maintaining contractual compliance with clients and suppliers. When selecting lawyers, confirm whether their services cover operational aspects (not just defense), fee structures (by phase or by matter), and the company's payment entity and invoicing arrangements. Finally, emphasize time sensitivity—the window for corporate criminal crises is also the first 30 days, during which every negotiation over case classification, coercive measures, and asset seizure scope occurs. The misconception of "waiting for the storm to pass" 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 entrust and investigate potential conflicts of interest. The second step is to verify the sponsoring lawyer's cases involving the same charges and resources for compliance rectification. The third step is to clarify that the scope of services includes individual 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. Henglue Law Firm's Reminder

Three tips for choosing a lawyer for corporate criminal defense: make an overall plan based on personal and company connections, and entrust different lawyers to avoid conflicts; verify the charges based on actual cases, and ask for details about compliance and rectification; provide services covering the entire business process, and set the tone 30 days before the window period. For corporate criminal crises, you can seek help 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 cases, please feel free to consult us.Special 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 commissions and personal commissions are all different. They should be entrusted separately and check for any potential conflicts.

Q2: Can compliance rectification really lead to non-prosecution?

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 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, the company's internal opinions are not unified, and they will only cooperate with the investigation in a truthful manner.

This case is handled by Beijing Henglu Law FirmLiu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client.

This article is written based on the common judicial interpretations 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Criminal defense 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. If you encounter disputes, please consult a practicing lawyer in time.