[Direct answer]In the Beijing area, the criminal compliance services provided by lawyers typically cover six categories: First, criminal risk screening, issuing risk lists and evaluation reports; Second, designing compliance systems, integrating approval, traceability, reporting, and accountability into business processes; Third, providing compliance training and advocacy for management and key positions; Fourth, conducting due diligence on major transactions and partners to ensure compliance; Fifth, responding to crises, cooperating with investigations after being involved in cases, securing evidence, and formulating responsibility-shifting plans; Sixth, assisting enterprises involved in cases with compliance rectification, helping them develop and implement rectification plans to seek leniency. According to the provisions of the Criminal Law of the People's Republic of China (amended in 2020 and implemented on March 1, 2021) on the dual-punishment system for corporate crimes, the service goal is to simultaneously reduce the criminal risks of both enterprises and individuals. Enterprises and lawyers should agree on the scope of services, the form of deliverables, and confidentiality arrangements in advance.

1. Problem background and typical scenarios

When companies hire lawyers to ensure compliance, they often treat "having someone write a set of rules" as the end goal. However, after the manual is issued, it's often shelved and the risks remain unaddressed. True compliance services involve translating legal requirements into actionable processes and evidence, which can be used to assign responsibility in the event of legal disputes. Understanding what lawyers can do and what they can deliver is crucial to avoiding wasted expenditure.

II. Key points of contention

First, the service boundaries: how to connect compliance consulting and criminal defense. Second, the form of the deliverables: institutional documents or verifiable operational records. Third, confidentiality and conflicts of interest: can lawyers simultaneously serve both enterprises and individuals? Fourth, the relationship between compliance rectification and lenient treatment.

III. Professional analysis by Henglue Law Firm

The criminal compliance services provided by Henglue Lawyers are typically implemented in phases. 1. **Diagnosis Phase**: Conduct criminal risk assessments, interview key personnel, review contracts and accounts, and provide risk lists and rectification recommendations with priority rankings. 2. **Establishment Phase**: Design systems and processes around high-risk areas, establish dual review mechanisms, hierarchical authorization systems, and channels for evidence preservation and reporting. Assist in revising contract templates and approval forms. 3. **Implementation Phase**: Conduct tiered training and internal audits, assist in establishing reporting and internal investigation mechanisms, and document proof of "established and effective implementation". 4. **Emergency Phase**: Provide investigation cooperation, evidence preservation, employee interviews, and external communication strategies when enterprises or individuals are involved in legal cases, facilitating a reasonable separation of personal and corporate responsibilities. 5. **Rectification Phase**: Assist in formulating and implementing compliance rectification plans under prosecution, cooperate with third-party supervision and evaluation, and strive for lenient legal treatment. It should be noted that compliance services differ from case-specific defense in their roles, and the interests of enterprises and individuals may conflict. When engaging services, clients should clarify the service recipients and confidentiality arrangements. The evidence review and fact determination capabilities honed by Henglue's criminal team in casework serve as the foundation for these services. In a recent intentional homicide case with civil claims represented by Attorney Liu Liqiang, the lawyer conducted a comprehensive review of case materials, scrutinized physical evidence, documentary evidence, witness testimonies, defendant statements, expert opinions, and on-site investigation records to accurately grasp the core issues of the case. The lawyer successfully refuted the defendant's arguments regarding subjective intent, voluntary surrender, and charge classification, and the court ultimately adopted the lawyer's arguments. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to clarify with the lawyer the scope of services, stage goals, and deliverables; the second step is to prioritize completing risk screening and high-risk system design; the third step is to promote the implementation of training and audits and maintain records; the fourth step is to promptly initiate compliance responses in the event of major transactions or crisis events, and to evaluate compliance rectifications and leniency pathways when involved in legal cases. Main legal basis: The provisions on corporate crime in the Criminal Law of the People's Republic of China (amended in 2020 and implemented on March 1, 2021); the requirements on corporate governance and compliance in the Company Law of the People's Republic of China (amended in 2023 and implemented on July 1, 2024); and for specific criminal charges and compliance leniency, the current effective laws, regulations, and judicial rulings shall prevail.

5. Henglu Law Firm's Advice

Three key points of compliance services: First, identify and clarify the list of issues; second, design a practical system; third, deliver not just textual materials, but also verifiable operational records. When involved in legal cases, compliance rectifications can help secure lenient punishments, but they must be initiated early and implemented effectively. For matters related to corporate criminal compliance and defense, clients can seek assistance through the following channels:Criminal defense and criminal case filingThe service provides a comprehensive solution, which integrates corporate law and corporate governanceIntellectual property protection and corporate lawFor plate-related matters, those involving the review of major transaction contracts can be referred to for referenceBusiness and contract disputes in enterprisesFor columns involving special risk disposal, you can consult us for adviceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can lawyers ensure that there will be no legal issues if they handle compliance matters?

There's no guarantee. Compliance services reduce risks through inspections, systems, and evidence-based recordkeeping, and provide a basis for leniency in cases involving legal disputes, but they cannot eliminate all operational risks. The key lies in genuine implementation.

Q2: What materials are provided during the service delivery?

The risk investigation reports and checklists, system and process documents, contract templates and approval forms, training and audit records, complaint handling logs, as well as rectification plans and supporting materials in the event of legal disputes.

Q3: What's the approximate cost?

The fees are charged based on the project scope, the size of the enterprise, and the workload, and are often quoted in stages. Small and medium-sized enterprises can first conduct a diagnosis and design high-risk systems to control their initial investment.

Q4: How long will the project take?

The diagnosis phase typically lasts several weeks, and the design and operation of the system usually take three to six months. It takes even longer to establish a stable operating record, and continuous maintenance and updates are required afterwards.

Q5: Can a company still comply with regulations if it is suspected of committing a crime?

Yes. After being involved in the case, you can carry out compliance rectification and cooperate with third-party supervision and evaluation to strive for lenient treatment according to law; you should entrust a lawyer to get involved as soon as possible to avoid missing the rectification deadline.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, 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 a dispute arises, please consult a practicing lawyer in time.