Criminal

Building a criminal risk control system with safety as the goal

In criminal cases, a considerable number of cases are related to companies and managers. The charges stipulated in the Criminal Law involve the establishment of a companyFinancing, production, finance, and employmentVarious stages such as operation and company dissolution and liquidation. These provisions of the Criminal Law should be the bottom line and red line of behavior for enterprises and their managers. However, in reality, many business leaders or managers are held criminally responsible. There are two main reasons for this: one is that their behavior violates the criminal law but they are not aware of it, and the other is that they know they have violated the criminal law but still take chances.

For situations where one knows that their behavior is a criminal act and takes chances, it is often driven by self-interest and requires staying clear headed in the face of temptation. There are also many situations in reality where people are unaware of violating the criminal law. One reason is that the criminal law is constantly being revised, and many behaviors that were not crimes before become crimes later. Another reason is that there was no learning, and the boundary between behavior and non crime was not distinguished. At that time, I also did not realize that it was a violation of criminal law. However, when pursuing criminal responsibility, one cannot shirk responsibility simply because they do not know. The best way to deal with situations where one is unaware of violating criminal law is to strengthen learning, followed by consulting professionals when feeling uncomfortable.

In order to help business leaders and managers better raise their awareness of legal risks and avoid criminal legal risks, Lawyer Weiying analyzed and summarized the possible criminal cases that the company may be suspected of based on long-term experience in handling criminal cases, createdThe courseware of "Criminal Risk Control System". The courseware combines a large number of detailed cases,Discussions and exchanges can be conducted with the responsible persons, executives, as well as finance, personnel, procurement, production, sales, legal and other personnel of the enterprise. Friends in need can contact us.

Criminal risk control system

One major goal: safe operation

Two major aspects: internal compliance and external legality

Three major stages: prevention in advance, management in the middle, and handling afterwards

Four major elements: subject element, object element, subjective element, objective element

Five major personnel: executives, finance personnel, procurement personnel, sales personnel, production personnel

Six major risks: financial risk, contract risk, procurement risk, production risk, sales risk, personnel risk

Seven major systems: financial system, personnel system, safety system, quality system, sales system, contract system, anti bribery system

Eight pieces of evidence: physical evidence, documentary evidence, witness testimony, victim statement, confession, defense, appraisal opinion, investigation record, audio-visual data

Nine consequences: Control, punishment, detention, punishment, fixed-term imprisonment, life imprisonment, death penalty, suspended death penalty, fine, confiscation of property, political rights, expulsion from the country

Top 10 Types: Bribery, Embezzlement, Misappropriation of Company Establishment Funds, Use of Taxes, Collection of Taxes, Trading of Goods, Production and Sales of Intellectual Property, Personal Injury  social order