[Direct answer]Yes. Since the pilot program of compliance reform for enterprises involved in criminal cases was launched, enterprises suspected of specific crimes can apply to initiate a compliance rectification procedure: the enterprise voluntarily commits to rectification, submits a feasible compliance plan, which is reviewed and initiated by the procuratorial organ. If the rectification is completed and passed the evaluation within the supervision and inspection period (usually six months to two years), the enterprise can obtain non-prosecution, lenient sentencing recommendations, or probation recommendations according to law. The applicable prerequisites usually include: the enterprise and its directly responsible personnel plead guilty and accept the punishment, the enterprise can operate normally, and the enterprise commits to establishing or improving a compliance system. It is advisable to apply as early as possible in the review and prosecution stage, with a lawyer assisting in designing the compliance plan and coordinating throughout the process.

I. Problem Background and Typical Scenarios

When a company or its executives are under criminal investigation, what the founders worry about most is not the fines, but the suspension of the company's operations, the unemployment of employees, and the breakdown of cooperation with upstream and downstream partners. The compliance reform of the involved companies offers a third way to "solve the case and save the company": admitting guilt and accepting punishment, combined with genuine rectification, in exchange for the opportunity for the company to survive. However, compliance rectification is not just about spending money to avoid disasters—if the review fails, prosecution will still proceed, and perfunctory rectification will only worsen the evaluation.

II. Key points of contention

First, the applicable conditions and scope of application, which crimes and subjects can apply for; Second, the design standards of the compliance plan, and what constitutes "effective rectification"; Third, the obligations and acceptance of the supervision and inspection period; Fourth, the linkage mechanism between the rectification results and criminal punishment.

III. Professional analysis by Henglue Law Firm

The first layer is the institutional framework: The initiation of the compliance rectification process is premised on admitting guilt and accepting punishment, and it is initiated by the involved enterprises on a voluntary basis. The procuratorial organ, in conjunction with the third-party supervision and evaluation mechanism, organizes inspections. The inspection conclusions are directly linked to the processing results — if the rectification is qualified, a decision on non-prosecution or a proposal for lenient sentencing can be made. The second layer is the application strategy: The earlier and more proactive the application is, the better. During the investigation stage, preliminary communication can be conducted, and the application and compliance plan can be formally submitted during the review and prosecution stage. The content of the application should be targeted at the root causes of the case — for example, establishing tax internal controls in cases of false invoicing, and establishing anti-corruption compliance in cases of commercial bribery. A general compilation of systems will not pass the review. The third layer is from a practical perspective: The common experience of our criminal law team in handling corporate criminal cases is that the success of compliance rectification depends on three factors: the sincerity of the enterprise and its responsible personnel (returning illegal proceeds and cooperating with the investigation), the feasibility of the rectification plan (with a budget, responsible persons, and deadlines), and continuous evidence collection during the inspection period (training records, audit reports, and evidence of system implementation). Paper-based compliance is the greatest risk point, and third-party organizations are conducting increasingly detailed on-site inspections. The fourth layer is supporting arrangements: During the rectification period, simultaneously handle the connection of administrative responsibilities, employee placement, and client communication to prevent the enterprise's credit from being damaged again. Design the personal defense of responsible persons and the corporate compliance process in parallel to avoid contradictions between the two processes. When an enterprise is under investigation, it should immediately invite professional lawyers to evaluate the feasibility of compliance rectification and the application window. This case is handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

The first step is to assess whether the enterprise meets the applicable conditions and sort out the business operations involved in the case and the internal control deficiencies. The second step is to draft a compliance plan with the assistance of a lawyer and apply to the procuratorial organ for initiation. The third step is to implement the rectification according to the plan and keep records during the probation period, cooperate with third-party organizations to evaluate the rectification. The fourth step is to follow up on the implementation of the non-prosecution or lenient recommendations after the rectification is completed, and simultaneously improve the long-term compliance system. Main legal basis: Article 15 of the Criminal Procedure Law of the People's Republic of China on the lenient punishment system for admitting guilt and accepting punishment (amended in 2018), the relevant provisions of the Supreme People's Procuratorate on the pilot reform of enterprise compliance and the implementation measures for the third-party supervision and evaluation mechanism; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Compliance rectification is a "rescue channel" for enterprises involved in criminal cases: the three essential elements—attitude, plan, and evidence preservation—are indispensable, and the earlier the assessment is conducted, the more initiative the enterprise will have. For enterprises involved in criminal cases, they can proceed through the following steps:Criminal defense and criminal case filingObtain an overall solution for the service; for those involving the construction of an enterprise compliance system, it can be combined with other services.Intellectual property protection and corporate lawPlate; for those involved in the prevention and control of criminal risks for executives, you can refer to it for reference.Special servicesColumn; for other disposal matters, you can consult us for adviceBusiness and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: What kind of enterprises can apply for compliance rectification?

For enterprises involved in cases that admit their guilt and accept the punishment, are able to conduct normal production and operation, and voluntarily commit to rectification, they are mostly applicable to cases of economic crimes involving enterprises and unit crimes. The specific scope shall be subject to the review of the procuratorial organ.

Q2: How long will it take to complete the compliance rectification?

The supervision and inspection period usually lasts from six months to two years, depending on the size of the enterprise and the specific matters needing rectification. Adding the application and evaluation stages, the overall period is typically half a year to one year.

Q3: If the rectification is approved, do I not need to be sentenced to prison?

For those who pass the rectification and acceptance, they may strive for non-prosecution; for those who do not meet the conditions for non-prosecution, they may use mitigating sentencing circumstances to strive for a light sentence or a recommendation for probation.

Q4: What materials are required for applying for compliance rectification?

The compliance commitment letter, the compliance plan, the certificate of the enterprise's operation and tax payment status, the materials related to the plea of guilty and acceptance of punishment, as well as the rectification budget and the arrangement of responsibility division.

Q5: What will happen if the rectification fails?

For enterprises that fail the inspection, legal prosecution will be initiated in accordance with the law, and the rectification costs already invested will not be refunded. Moreover, perfunctory rectification may also affect the evaluation of lenient sentencing.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different 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·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective 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.