The Boundary Of Lawyers’ Behavior In The Business Of Enterprise Criminal Risk Prevention And Control

As one of the "blue ocean" businesses of lawyers,the enterprise criminal risk prevention and control business has many behaviors with ambiguous boundaries,which may lead to the parties’ concealment,destruction,falsification of evidence or collusion.Where does the dispute about the behavior boundary of lawyers in the criminal risk prevention and control business of enterprises come from? What is the boundary and its theoretical basis? While the field of enterprise criminal risk prevention and control business is expanding,the practice risk of lawyers in the practice process is also increasingly prominent,facing a sharp increase in criminal prosecution by judicial authorities,and the problem of behavior boundary in the enterprise criminal risk prevention and control business is also urgent to be solved.This article will explore the behavioral boundaries and patterns of lawyers in the criminal risk prevention and control business of enterprises based on the background of lawyers being hired to assist enterprises in criminal risk prevention and control,combined with practical disputes caused by unclear behavioral boundaries of lawyers’ business,and drawing on relevant domestic and foreign norms and cuttingedge theories.The main text will be discussed from the following sections.The first part introduces the controversial behavior of lawyers in the criminal risk prevention and control business of enterprises.First of all,by introducing the content of enterprise criminal risk prevention and control business and the difference between criminal defense and criminal compliance business,the particularity of enterprise criminal risk prevention and control business is explained.Secondly,it is pointed out that the main types of controversial behaviors of lawyers in corporate criminal risk prevention and control business include direct requests for concealment,destruction,falsification of evidence,and implicit expressions through interpretation of the law,citing cases,and other methods.Finally,put forward a question,and emphasize the necessity and urgency of clarifying the behavior boundary in the criminal risk prevention and control business of lawyer enterprises by expounding the potential harmfulness of controversial behaviors in the criminal risk prevention and control business of lawyer enterprises.The second part mainly analyzes the reasons for the practice disputes caused by the unclear behavior boundary of lawyers in the enterprise criminal risk prevention and control business.The fundamental reason is that different groups in society still have disputes about the role of lawyers,and different professional requirements for lawyers lead to different judgments on the nature of certain business behaviors that lawyers assist enterprises in criminal risk prevention and control;The prerequisite is that the concealment of lawyers’ behavior in the criminal risk prevention and control business of enterprises makes it generally difficult for others to understand the full picture,leading to disputes;The direct reason is that there is a certain potential finality in the prevention and control of corporate criminal risk,that is,one of the main purposes of corporate criminal risk prevention and control is to eliminate the criminal risk of the enterprise before the criminal case is filed,which may directly lead to lawyers making some controversial behaviors.The third part focuses on the discussion of the basic theory of delimiting the boundaries of criminal risk prevention and control business behavior of lawyer enterprises.First,it is clear that lawyers,as legal workers serving the parties,should be subject to the limitations of the legal norms because of their loyalty obligations to the parties.Secondly,it attempts to combine the theory of criminal composition with the relevant theories of neutral business behavior,drawing on the excellent viewpoints,and pointing out that the punishment boundary for lawyers’ neutral business behavior should be limited or slowed down.Finally,based on the particularity of the criminal risk prevention and control business of lawyer enterprises,this article analyzes how to follow the principle of legal interest measurement and the principle of no suspicion of crime in the process of determining whether the neutral business behavior of lawyers constitutes a crime.The fourth part explores the specific boundaries of lawyer’s professional behavior in corporate criminal risk prevention and control business.Under the guidance of the theoretical logic in Chapter 3,starting from the prevention of lawyer practice risks,the boundaries of typical business behaviors such as consulting and internal investigation provided by lawyers in the practice of enterprise criminal risk prevention and control should be clarified.For example,the qualitative analysis of the behavior of the parties involved should be fully explained,while the parties who intend to engage in illegal behavior should be advised appropriately.During internal investigations,they should not intentionally mislead Deceiving others to seek illegitimate benefits for the enterprise should be based on the principle of maintaining the original state of the physical evidence obtained during the investigation.The fifth part proposes the self-protection strategies of lawyers in the criminal prevention and control business of enterprises,pointing out that lawyers should maintain the duty of prudent care commensurate with their roles in practice;When it is difficult to make decisions,you can seek the assistance of law firms,local bar associations,or their ethics and discipline committees.