When an enterprise formulates a business plan, it must repeatedly demonstrate and evaluate the transaction structure to assess whether there is any business risk, but it will not consider whether it is suspected of illegal operation or forced transaction. He is careful in his words and deeds, but he hardly thinks about whether he is involved in contract fraud or commercial bribery.
In the final analysis, people's impression of crime generally stays in those familiar natural criminals, but little is known about corporate crime.
Company managers do not know that they will be convicted if a safety accident occurs, that they will be convicted if they violate the production process, that they will be convicted if they pollute the environment, that they will be convicted if they do not know that low-priced customs declarations will be convicted, and that they do not know that issuing VAT invoices will be convicted. Conviction, I don't know, and sometimes even if the business is at a loss and the contract is deceived, it will also be convicted.
In my years of working as a lawyer, the author has learned a large number of cases related to corporate crimes. Some of them are leading companies in the industry. Because of the problem of VAT invoices, the founders are controlled, and the entire company is facing collapse in an instant. Some people are senior technical personnel of the enterprise and have mastered the highest technical level of the industry. There are also people who have worked hard for the enterprise all their lives, and because of the problem of bonus distribution, they are imprisoned. In the process of these cases, they did not realize that they were committing a crime at all and felt a clear conscience. But according to the law, they did commit a crime. This is an important issue. To prevent in advance, the development of criminal compliance plays a certain preventive role. Under the norms of the criminal compliance system, sometimes it is only necessary to hold a collective discussion meeting and a meeting minutes, which may make A man is free from prison. With the increasing efforts to popularize the law in China, people's legal awareness has gradually begun to undergo earth-shaking changes, and their awareness of criminal risks in life has become higher and higher. A considerable number of people already know how to take up legal weapons when encountering legal problems. protect yourself. However, little is known about legal risks in enterprises, especially criminal risks. On the one hand, criminal issues in enterprises are highly specialized and relatively complex. At the same time, the degree of change in enterprises is still very large. Periods can vary widely in terms of convictions. These have raised the threshold for identifying legal risks and increased the difficulty of preventing criminal cases in enterprises. In the new stage, criminal compliance construction will no longer be a passive implementation, but an endogenous need; it is no longer an optional elastic demand, but a must-have rigid demand.
The role of professional lawyers in criminal compliance:
1. Regardless of whether they are involved in crimes, enterprises should deploy compliance construction as soon as possible, actively establish a criminal compliance system, and carry out legal risk prevention and identification around the criminal compliance prevention system. Among them, the first is to carry out the internal compliance investigation of the company in a timely manner, and to conduct a comprehensive understanding and analysis of the details of transactions and business activities; the second is to evaluate and identify the nature of legal risks. Risk points, including whether the criminal law has been violated, and what crimes are constituted; thirdly, daily criminal compliance training and answers must be carried out. However, for those small-scale enterprises that do not have the ability to set the above positions as permanent departments and cannot arrange fixed personnel for criminal compliance work, they can hire professional lawyers or teams to regularly engage in corresponding criminal compliance services, such as admission investigations. , compliance publicity, daily Q&A, issuance of criminal compliance reports, etc.
2. The full involvement of professional lawyers, especially the formulation and implementation of compliance plans, can help companies avoid many detours. As a judicial measure still in the reform and exploratory stage, the interpretation and assistance of lawyers and other professionals is undoubtedly necessary. The involvement of lawyers and other professionals should at least include: analysis and evaluation of corporate crimes, application for compliance with the non-prosecution system, drafting and review of compliance agreements and commitments, formulation and implementation of compliance plans, and compliance supervision. Participation, writing or checking compliance reports, communication with relevant agencies such as the procuratorate, participation in criminal proceedings, etc. Among them, how to formulate an effective compliance plan, ensure that it is implemented in accordance with regulatory requirements, and ultimately obtain the approval of the procuratorate and other regulatory authorities or monitors, is the top priority. Enterprises should choose a professional team with real experience in corporate compliance construction to carry out compliance construction. The value of criminal compliance lies in establishing compliance-oriented corporate values. Under the current international and domestic environment and regulatory background, Chinese enterprises should take precautionary measures to develop compliance, especially criminal compliance systems, as soon as possible. Chinese enterprise managers should realize that compliance has become an endogenous and rigid requirement for enterprises, and compliance is an essential business card for building a future business circle of friends.
