Employment of corporate risk and criminal consultants
Time of issue: : 2010-05--24
"It can only be done, cannot be said, and it is all wrong to say it," said a famous contemporary entrepreneur.
Why can't you say?
In a fiercely competitive environment, if an enterprise wants to survive and grow, sometimes it needs to be side-by-side. It needs to weigh the pros and cons, and navigate the gaps in the law. However, how to bypass the legal barriers in business operations without breaking the criminal law, it is very necessary for the person in charge of the company or related persons in charge to correctly assess the criminal risk brought by their behavior before implementing a certain behavior.
The owner of "The No. 1 Village in the World", Yu Zuomin, was sentenced for harbouring, obstructing official duties, and illegal detention. Someone commented: "It is a glass of bitter wine brewed and drunk by a peasant entrepreneur who regards the law as nothing", and said that he "sees the law as nothing". I think it is mainly because of his criminal violation of the relevant behavior and the possible consequences. Insufficient understanding of the serious consequences of coming;
At the time when Shen Taifu, a "high-tech company", was in full swing, he was arrested on suspicion of criminal offences in the course of business operations and was eventually sentenced to death;
"Jun'an Godfather" Zhang Guoqing was sentenced to 4 years in prison for "false registration" and "illegal foreign exchange evasion";
Guan Jinsheng, "The Big Brother of Nations", Zhao Xinxian of "Three Nine Group", etc...
The heads of many large and medium-sized enterprises have appeared in the ranks of criminal suspects and have become the target of public targets. Some people even say that the risk of state-owned enterprise bosses is greater than drug traffickers. In the "Sanlu Milk Powder" incident that just happened, according to media reports, many children were sick and some were dead; some of the senior executives involved resigned and some were removed; the chairman of the first batch of Sanlu enterprises was investigated and dealt with dozens of others. People (including milk supply households) have been detained or arrested under criminal law, companies have ceased production, brands that have been in business for decades have been broken...the marketing situation of the products can be imagined.
are all brand-name companies and bosses of brand-name companies. They have been in the world for decades, and most of the companies have also hired legal advisers. Why does this happen? I think there are several reasons:
1. The awareness of risk prevention is not strong. Although the company has hired a legal consultant, it is only used as a tool to "remedy the deadlock". When there is a dispute, it thinks of a lawyer. The lawyer is only a tool to "file a lawsuit". They do not consult or prevent in advance;
2. The lawyers hired do not understand criminal law, but only understand civil and economic disputes. They cannot make suggestions, and some even make wrong suggestions. A business owner was arrested and sentenced for illegal business operations. According to related reports, the owner said this sentence: My lawyer said that it is not illegal.
3. The necessity of hiring criminal lawyers.
"There are specializations in the technical industry", different lawyers have different professional service areas. Companies should hire different professional lawyers for different service areas according to their actual needs. In practice, except for civil lawyers, human resources labor contract law lawyers, investment and financing lawyers, companies rarely hire criminal lawyers and consultants. When there are irreversible legal risks, they think of the serious consequences of breaking the law and are too late to regret.
Therefore, when business management involves criminal offenses, it is necessary to hire professional criminal lawyers, listen to the suggestions of criminal lawyers, fully realize the criminal legal risks of certain behaviors, and be "evil small but not acting" in order to protect enterprises and entrepreneurs. Really safe.