Enterprise Risk and Criminal Counsel Engagement

“You can only do it, you can't say it, and if you say it, it's all wrong”, said a famous contemporary entrepreneur.
Why can not say?
In the grueling competitive environment, enterprises need to survive and develop, and sometimes they need to play ball, need to weigh the pros and cons, and navigate the legal void. But how to bypass the legal barriers in business operations, but not to violate the criminal law, the person in charge of the enterprise or the person in charge of the enterprise is very necessary in the implementation of a certain behavior before the correct assessment of their own behavior brought about by the criminal risk.
Yu Zuomin, the owner of the “No. 1 Chuang in the World” was sentenced for harboring, obstruction of official business and illegal detention. Someone commented: “It is a cup of bitter wine brewed and drunk by a peasant entrepreneur who regards the law as nothing”, saying that he “regards the law as nothing”, I think it is mainly due to his insufficient understanding of the criminal illegality of the relevant acts and the serious consequences they may bring; “high-tech enterprise”.
Shen Taifu, a “high-tech entrepreneur”, was arrested and eventually sentenced to death on suspicion of committing a criminal offense in the course of his business operations when he was in his prime.
“Zhang Guoqing, the godfather of Junan, was sentenced to four years in prison for “false registration” and “illegal foreign exchange evasion”.
“Universal big brother” Guan Jinsheng, ‘Sanjiu Group’ Zhao Xinxian, etc. ......
Many heads of large and medium-sized enterprises appeared in the ranks of the suspects, became the target of the crowd, and some people even said that the risk of the boss of state-owned enterprises is greater than that of drug traffickers. The “Sanlu milk powder” incident has just occurred, according to media reports there are many children sick, some have died; the administrative officials involved have resigned, some removed from their posts; the first batch of investigated and punished the chairman of the Sanlu enterprise and dozens of other people (including the milk supply households) were criminally detained or arrested, the enterprise shut down, the operation of decades of the brand smashed! The marketing situation of ...... products can be imagined.
Are all brand-name enterprises, are brand-name business owners, breaking into the world for decades, most of the enterprise also hired legal counsel. Why would such a thing still occur? I think there are several reasons:
First, the risk of preventive consciousness is not strong, although the enterprise has hired a legal adviser, but only as a “sheep mending” tool, there is a dispute before thinking of lawyers, lawyers are only “lawsuits” tool, not consulting in advance, not to prevent in advance; Second, the lawyer does not understand the criminal law, the lawyer does not understand the criminal law, the lawyer does not understand the criminal law.
Second, the lawyer does not understand the criminal law, only understand the civil and economic disputes, can not make suggestions, some also put forward the wrong suggestion. A business owner was arrested and sentenced for illegal business, according to the relevant reports, the boss said this sentence: my lawyer said not illegal.
Third, the necessity of hiring a criminal lawyer.
“There are specialties”, different lawyers have different areas of professional services. Enterprises should according to their actual needs, for different service areas to hire different professional lawyer. In practice, in addition to civil lawyers, human resources, labor and contract lawyers, investment and financing lawyers, enterprises seldom hire criminal lawyers consultants, and so on the emergence of irreparable legal risks, only to think of the serious consequences of breaking the law, it is too late to repent.
Therefore, in the enterprise management involves the link of criminal offenses, employing professional criminal lawyers, listen to the advice of criminal lawyers, fully aware of the criminal legal risks of certain behaviors, to do the “little evil, not to do”, in order to protect the enterprise and entrepreneurs of the real security.