On the morning of May 19, 2023, "Seminar on Criminal Defense and Corporate Compliance", which was co-sponsored by Case Law Research Society of Jiangsu Law Society, Criminal Procedure Committee of Nanjing Lawyers' Association, and Advanced Research Institute of Criminal Defense of Northwestern University of Political Science and Law, was successfully held in Beijing King&Capital Nanjing Law Firm ("King&Capital Nanjing Branch"). "King&Capital Nanjing Branch" was successfully held. The seminar attracted the attention of more than one hundred legal practitioners both online and offline with high-quality academic content combined with rich practical experience.
The seminar was presided over by Yang Damian, senior partner of Beijing King&Capital Law Firm and director of King&Capital Nanjing Branch, with Ma Xuanyu, member of the management committee of King&Capital Nanjing Branch and managing partner, and Wen Yanqiu, Wang Qiang and Zhu He, members of the management committee, organizing and participating in the work, and inviting a number of attorneys and scholars who are deeply committed to the field of criminal jurisprudence, discussing and analyzing the criminal compliance issues in the hotspot of the moment and in the corporate The path of criminal defense work in the direction of compliance was discussed and analyzed.
Mr. Zhou Lianyong, vice president of Nanjing Bar Association and senior partner of Jiangsu Bosda Law Firm, affirmed the professionalism of the seminar at the beginning of the meeting, pointed out the trend of criminal defense playing an important role in corporate compliance work, and said that in the face of the emerging forms of digital compliance and other industries combined with the field of law, the criminal defense lawyers and non-litigation lawyers, such as corporate counsel, need to maintain a positive attitude towards learning, always focusing on social hotspots. In his speech, Director Zhou wished the seminar a complete success and hoped that through this online and offline comprehensive platform, the research results would be delivered to more legal colleagues, providing valuable strategies for their future work.
The first keynote speaker was Prof. Cai Daotong, Vice President of Jiangsu Law Society, President of Jiangsu Law Society Case Law Research Society, and Doctoral Supervisor of Law School of Nanjing Normal University. Prof. Cai pointed out that at present, corporate compliance lacks specific substantive and procedural laws as legal basis, and emphasized the lawfulness of corporate compliance in its legality issue, and determined that corporate compliance is in line with the basic requirements of the law, and also a reflection of the spirit of the rule of law. embodiment of the spirit of the rule of law. In the seminar on the theme of "The Rule of Law Value of Enterprise Criminal Compliance", the seminar content focuses on sharing the tasks of enterprise compliance, the original intention of criminal compliance, the difficulties of enterprise compliance, the logic and theoretical basis of compliance with crime, and the Chinese "problem" of criminal compliance, indicating that criminal compliance is an incentive for the enterprises involved in the case, the enterprises involved in the crime, as well as the relevant management and entrepreneurs in terms of substantive law, and in terms of procedural law. It shows that criminal compliance is an incentive in substantive law and an affirmation in procedural law for enterprises involved in cases, enterprises involved in crimes, and related management and entrepreneurs, and that through these two incentives and affirmations, enterprises will have the desire and motivation to comply with the law.
Subsequently, Prof. Wang Xiang, Vice President of Data Value Working Committee of China International Economic and Technical Cooperation and Promotion Association, Vice President of Jiangsu Province Business Big Data Professional Committee, and Professor of Marketing and E-commerce Department of Nanjing University; Prof. Zou Fan, Member of China Criminal Law Society, Deputy Director of Criminal Committee of Shaanxi Jiaxuan Law Firm, and Master's Degree Supervisor of Northwest University of Political Science and Law, and Senior Partner of King&Capital Law Firm, Beijing, Dr. Liu Lijie, member of Criminal Law Committee of All-China Lawyers' Association, deputy director of Criminal Procedure Law Committee of Beijing Lawyers' Association and senior partner of Beijing King&Capital Law Firm; and Mr. Li Zhiguang, senior partner of Beijing King&Capital Law Firm, who also delivered keynote speeches, combining in-depth and concise results of their own theoretical researches and practical work experience, and shared their experience as criminal defense lawyers in corporate compliance. As a criminal defense lawyer, they shared the practical points of practice in corporate compliance and criminal compliance without prosecution cases, which expanded new ideas and opened up new perspectives for criminal compliance work.
Finally, Mr. Xue Huogen, director of the Criminal Procedure Committee of Nanjing Lawyers Association, director and senior partner of Beijing Dacheng (Nanjing) Law Firm, specifically focusing on the crime of fraudulent VAT invoices, through combing the whole process of the criminal compliance cases, comparing and analyzing the difficulty of compliance rectification and the start of the work, before and after the rectification of the company's situation, etc., elaborated on the focus of the work of each link of the enterprise's criminal compliance. Mr. Xue believes that the future development of compliance work can be summarized as four trends, firstly, the enterprise from passive compliance to active compliance; secondly, from the decision of the prosecutor's office to the joint participation of the public, monitoring, prosecution and law; thirdly, from the double penalty system to the split penalty system; and fourthly, from piecemeal services to specialized team-based services. At the same time, the lawyers are reminded that in their work, they should pay attention to the fact that the corporate compliance defense and probationary defense are only a small part of the corporate criminal compliance work, and the corporate compliance wind control work should occupy the most important position, and the lawyers need to focus on the criminal compliance wind control and make efforts to improve their professional ability to play the role of wind control.
King&Capital Nanjing Branch has always been concerned about the hot cutting-edge issues in the field of criminal defense, and actively builds a diversified communication platform to promote the exchange of academic theories and practical work in the field of criminal defense against the backdrop of a unique social situation. In the future, the firm will continue to maintain a high degree of enthusiasm for in-depth exploration of legal work, and strive to contribute to the development of criminal defense work while honing its own professional level.
