Criminal Defense

As early as possible. The decisive steps in Chinese criminal procedure happen at the front end — whether approval of arrest is granted, whether bail pending trial is available, and what is said in the first interviews. Counsel can act from the moment a person is taken in for questioning, and regular visits and access to the case file follow once a formal appointment is filed.

It is a form of pre-trial release under which the suspect is not held in custody while the investigation continues, subject to conditions and often a guarantor or deposit. It is granted by decision of the authorities rather than on application alone, and the strength of the case put forward at the arrest-approval stage heavily influences the outcome.

Yes. Chinese criminal law recognises corporate criminal liability for a defined set of offences, and a company can be fined while the individuals responsible are separately prosecuted. Offences most commonly arising from ordinary business conduct include commercial bribery, infringement of trade secrets, illegal business operations and certain data offences.

It is the set of controls a company puts in place to prevent conduct that could attract criminal liability, and it matters in two ways. Prevention is the first. The second is that where a matter does arise, evidence of a functioning compliance programme can bear directly on whether the company is treated as having sanctioned the conduct.