Seminar on compliance rectification of criminal enterprises was successfully held

In order to improve the defense skills of suspected criminal cases of enterprises, familiar with the operation process of corporate compliance and non-prosecution and the key points of handling cases, on the afternoon of April 7, 2023, sponsored by the Vocational Training Working Committee of the Municipal Lawyers Association and the Legal Professional Committee of Duty Crime Defense,

and the National Criminal Lawyers Platform Court Cube Agency co-organized the "Seminar on Compliance and Rectification of Criminal Involved Enterprises", which was successfully held in the large conference room of Zhiheng headquarters.

At the beginning of the meeting, lawyer Cheng An, chief lawyer of Sichuan Zhuoan Law Firm and founder of Tingcube, delivered a speech through live streaming. In 2023, supervisory organs across the country will continue to further promote the compliance reform of involved enterprises, continue to expand the scale of case handling, gradually expand the scope of cases, and actively promote the compliance reform and legislation of involved enterprises.

For our lawyers, this is a rare opportunity and challenge. Corporate compliance is essentially a criminal defense business, which is essentially a means of defense for minor crimes or acquittal. What enterprises and practitioners need in their hearts is not a defense after the fact, but a care and protection beforehand.

The landing of lawyers to carry out the compliance business of the involved enterprises challenges the lawyers' cognitive ability, service ability, organizational ability and operational ability.

Hong Can, Director of the Criminal Committee of Cinda Law Firm and Director of the Shenzhen Law Society, shared "Legal compliance and lawyer practice in pan-capital markets". Mr. Hong Can's speech is divided into four parts: 1. How to understand pan-capital markets and their legal risks; 2. How to understand the trend of legal supervision in capital markets; 3. How to identify and grasp legal service market opportunities under the trend of strong supervision; 4. How to provide our clients with more professional pan-capital markets legal compliance services.

Lawyer Hong Can also put forward some thoughts and suggestions on the legal services of listed companies. Lawyers need to establish an understanding of China's securities regulatory system, increase their understanding of the listed company system and legal market, and cultivate the ability to provide comprehensive coverage of legal services for enterprises. Learn from the professional exchange and cooperation mechanism of regulatory authorities.

Lawyer Hong Can concluded that doing a good job in legal compliance and risk control, protecting the freedom and safety of entrepreneurs, is the mission and value of the new generation of lawyers.

Lawyer Ren Zhongsun, founding partner of Zhuojian Law Firm, dean of the Compliance Research Institute, and director of the Criminal Compliance Professional Committee of Shenzhen Bar Association, commented. Although the sharing time of lawyer Hong Can is not long, combined with case and data analytics, vivid speech clearly presents the compliance case situation in our country.

Lawyer Hong Can also combined his own thinking and experience in the process of handling cases to give thought and inspiration to everyone present. In recent years, the business in the traditional field of criminal law has shrunk due to various reasons, but the field of corporate compliance is the business increment of criminal lawyers. I hope everyone will pay attention to this field, pay attention to and study the top-down compliance requirements of enterprises at all levels across the country, prepare for market changes, do a good job of specialization, and deepen differentiation.

At the same time, we will cooperate with lawyers across specialties, offices, and regions to provide clients with better and more efficient legal services.

Peng Lei, a partner and director of the Criminal Department of Guangdong Baoxin Law Firm, and deputy director of the Criminal Special Committee of Zhongshan Bar Association, brought a topic sharing to explain the application of compliance thinking in criminal defense from two aspects: how to understand criminal compliance and how to understand compliance defense. Lawyers should pay attention to criminal compliance, and more attention should be paid to the defense idea that combines criminal compliance with the criminal policy of "less arrest, careful prosecution, and lenient system of pleading guilty and accepting punishment."

Lawyer Tan Zhongxuan, managing partner of Guangdong Junyan Law Firm, director of the Criminal Law Professional Committee, and director of the Duty Crime Defense Legal Professional Committee of Shenzhen Bar Association, commented. Lawyer Peng Lei analyzed the theme of the speech very clearly, the content was full of dry goods and the structure was clear, and explained in depth how to carry out corporate compliance rectification in the process of handling criminal cases.

I believe that Lawyer Peng's sharing can serve as a guide and reference for all lawyers to carry out relevant business in the future. I hope that all criminal law lawyers will help each other, learn from each other, and jointly promote the progress of China's legal industry. Finally, as a member of the professional committee, I would like to thank

for its assistance in this lecture.

Molly Bing, a lawyer at Zhiheng (Qianhai) and a member of the Legal Committee of Duty Crime Defense of Shenzhen Bar Association, shared the theme of "Ten Steps for Criminal Enterprise compliance rectification". The value goal pursued by criminal enterprise compliance rectification is to safeguard the overall economic interests and the new era of rule of law concept of co-governance of Germany and law.

Save all enterprises worth saving and sanction all enterprises that should be sanctioned. Enterprises that have committed evil from beginning to end cannot apply the enterprise compliance rectification system, and enterprises that voluntarily establish an enterprise compliance management system must choose German-French co-governance, and enterprises that insist on German-French co-governance can prevent compliance risks to the greatest extent possible.

Corporate compliance rectification can be divided into ten steps: 1. Lawyers conduct criminal defense to determine whether a crime is constituted; 2. Fulfill the obligation of notification and inform enterprises and entrepreneurs that they have the right to apply for corporate compliance rectification; 3. Sign a legal service contract for corporate compliance rectification; 4. With the consent of the parties, collect materials that comply with corporate compliance rectification; 5. Apply to the procuratorate to start corporate compliance; 6. State the necessity of starting corporate compliance with the prosecutor; 7. Formally start corporate compliance rectification; 8. Submit corporate compliance rectification reports and other documents; 9. Participate in the corporate compliance rectification report meeting or Hearing; 10. Close the case and accept daily supervision.

Lawyer Dong Yuqin, deputy director of the Commercial Crime Defense Committee of Shenzhen Lawyers Association, commented and summarized. Mutual learning and exchange. Lawyer Mo is very knowledgeable and forms his own knowledge system with rich materials. The ten steps of criminal enterprise compliance rectification presented by him have a guiding role for criminal lawyers to deal with compliance business.

At the same time, I would like to thank the keynote speakers of this lecture for their sharing with the commentators. I hope today's lecture will be helpful to both online and offline listeners on how to handle related business, and from which aspects and channels to develop and expand business.

So far, the seminar on compliance rectification of criminal enterprises involved in the case has ended successfully. Zhiheng adheres to the development concept of "empowering and symbiosis", always shoulders social responsibility, empowers the high-quality development of Shenzhen's lawyer industry with its own development, and helps Shenzhen lawyers to live in harmony, help each other, and achieve win-win development. It reflects the cultural core of

"Zhiheng is bright, perseverance, harmony and win-win, and comes first".