Attorney Zhiheng Qianhai was invited to give a lecture on the theme of "Ten Steps for Criminal compliance rectification of involved enterprises" in Shenzhen Law Association

On July 23, 2023, the Shenzhen Lawyers Association organized a lecture on the theme of "Ten Steps for Criminal Compliance Rectification of Involved Enterprises" in the Multifunctional Hall of the City Lawyers Association on the 20th floor of Times Financial Center, No. 4001 Shennan Avenue, Futian District. The lecture was sponsored by the Vocational Training Working Committee of the Municipal Lawyers Association, co-organized by the Business Innovation and Development Working Committee of the Municipal Lawyers Association, and undertaken by the Data Compliance Legal Professional Committee of the Municipal Lawyers Association, the Criminal Compliance Legal Professional Committee, and the Enterprise Compliance Management Legal Professional Committee.

Mo Libing, a member of the corporate compliance teacher class of the Municipal Law Association and a lawyer from Guangdong Zhiheng (Qianhai) Law Firm, served as the keynote speaker. The lecture aims to cultivate professional legal service talents for corporate compliance and improve the professional level and practice ability of lawyers.

Zhiheng (Qianhai) lawyer Molly Bing

After the lecture officially began, lawyer Molly Bing first described the development process and current situation of corporate compliance for the participants through the classification of corporate compliance, and introduced the connotation of corporate compliance. Then, lawyer Molly Bing used "the case with the largest number of defendants in Shenzhen" as the "introduction" to introduce three different dimensions of corporate criminal cases, which made the participants have a strong interest in corporate compliance and a preliminary understanding of corporate compliance.

In the follow-up link, lawyer Molly Bing proposed that lawyers should strictly distinguish between unit crimes and individual crimes when handling criminal cases involving enterprises, and summarized the ten steps of criminal compliance rectification of enterprises involved in the case.

Ten steps for criminal compliance rectification of enterprises involved in the case

1. Lawyers conduct criminal defense to determine whether a crime is committed.

2. Fulfill the obligation of notification and inform enterprises and entrepreneurs that they have the right to apply for rectification of enterprise compliance;

3. Sign the corporate compliance rectification legal service contract;

4. With the consent of the parties, collect materials in line with the enterprise's compliance and rectification;

5. Apply to the procuratorate to initiate corporate compliance;

6. State with the prosecutor the need to initiate corporate compliance;

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.

Combining with a case of collusive bidding and non-prosecution, lawyer Molly Bing elaborated on the ten key steps of the criminal compliance rectification of the involved enterprises, which provided valuable practical experience for the participants and triggered the discussion and thinking of lawyers.

On July 25, 2023, the 12th draft amendment to the Criminal Law of the People's Republic of China was issued, which mainly increased the sanctions for the investigation and punishment of non-compliance of enterprises. Before the 12th draft of the penalty, lawyer Molly Bing just talked about the dual meaning of corporate compliance. The first layer is to save all enterprises worth saving; the second layer is to sanction all enterprises that should be sanctioned.

The penalty of twelve from the increase in the sentencing of bribery to life imprisonment, to regulate the behavior of enterprise employees to operate similar businesses and other amendments to the law reflect the legal protection of enterprises that have established an enterprise compliance management system.

Lawyer Dong Yuqin, member of the Criminal and Civil Cross Committee of Guangdong Lawyers Association

Lawyer Dong Yuqin, partner of Beijing Dacheng (Shenzhen) Law Firm, executive director of Dacheng Drug Crime Research Center, and member of the Criminal and Civil Cross Committee of Guangdong Bar Association, made wonderful comments on the lecture. He expressed high recognition and praise for the professional ability of lawyer Molly Bing, and pointed out that the lecture has a high density of knowledge. After careful understanding and digestion, it will inevitably become a valuable intellectual wealth, which will not only help to improve the professionalism and practice ability of lawyers, but also provide useful guidance for the cultivation and development of corporate compliance talents.

It is necessary to strengthen cross-disciplinary cooperation and exchanges among peers both inside and outside the law firm.

group photo

In the follow-up exchange session, lawyer Molly Bing responded to the questions of the guests and audience on corporate compliance issues, and conducted in-depth interactive discussions. The response on the spot was very enthusiastic. This lecture has received extensive attention from the industry and attracted many professional legal service talents for corporate compliance. The popularity of this lecture on Xiaoyantong of Shenzhen Law Association continues to rise. As of today, it has been 3.5W, and the quality of the course has been recognized by lawyers.

lawyerbrief introduction

Molly Ice

Attorney of Zhiheng (Qianhai) Law Firm

Member of Shenzhen Duty Crime Defense Legal Professional Committee

Lawyer Molly Bing was awarded the 2022 Advanced Individual of the Lawyers' Rights and Interests Protection Working Committee of the Shenzhen Lawyers Association, opened the official account of "Da Mo Criminal Law" and authored the e-book "Debate and Position".