On the afternoon of August 23, 2024, the 35th session of the Hebang Lecture was successfully held in the large conference room on the 23rd floor of Building 1, Dongjun Plaza. The theme of this lecture was "Criminal Legal Risk Prevention and Control - From the Perspective of 18 Potential Charges Involved in Civil and Commercial Lawyers' Cases", attracting numerous colleagues from the legal community and industry elites to gather together to discuss how civil and commercial lawyers can effectively prevent and control criminal legal risks in their practice.
The lecture was given by lawyer Huang Aihua, who serves as the vice president of the Criminology Research Association of the Guangdong Law Society, the vice president of the Criminal Defense Research Association of the Guangzhou Law Society, and the executive director of the management committee of Hebang Law Firm. With his profound legal knowledge and rich practical experience, lawyer Huang Aihua delivered a fascinating and informative lecture to the participants.
At the beginning of the lecture, lawyer Huang Aihua first clarified the definition of "criminal and civil overlapping cases", emphasizing that in the current complex legal environment, such cases are increasing, posing higher requirements on lawyers' professional expertise and comprehensive abilities. He pointed out that these cases not only involve the intertwining of civil and criminal laws, but also test lawyers' ability to make precise judgments and respond effectively in complex situations.
Subsequently, lawyer Huang Aihua posed the thought-provoking question, "What is the greatest fear of lawyers in practice?" He then delved into the potential risks of lawyer practice, focusing on the criminal legal risks that civil and commercial lawyers may encounter during their practice. He emphasized that as providers of legal services, lawyers must maintain a high degree of professional sensitivity and legal awareness at all times to ensure that they do not cross legal red lines during practice.
Immediately afterwards, lawyer Huang Aihua presented the types of cases handled by civil and commercial lawyers, as well as the pain points they face when handling criminal cases, through a series of detailed data and cases. He pointed out that with the intensifying competition in the legal service market and the continuous improvement of laws and regulations, civil and commercial lawyers often face multiple challenges when handling cases involving criminal factors, such as difficulties in obtaining bail pending trial, investigating and obtaining evidence, and meeting client requirements.
In the core part of the lecture, lawyer Huang Aihua provided a detailed interpretation of 18 common criminal charges that civil and commercial lawyers may encounter in their practice, including but not limited to falsifying evidence, obstructing testimony, and disclosing client information. He delved into the constituent elements, legal consequences, and prevention and control strategies of these charges, combining specific cases for a thorough analysis. He emphasized that civil and commercial lawyers must enhance their awareness of criminal risks, establish and improve internal risk prevention and control mechanisms, and ensure compliance with laws and regulations in their practice.
In addition, lawyer Huang Aihua also analyzed several major pressures faced by the legal service market for Chinese lawyers, including intensified market competition, diversified customer demands, and frequent changes in laws and regulations. He encouraged fellow lawyers to bravely face challenges and continuously improve their professional expertise and service capabilities to adapt to the new changes in the legal service market.
Finally, lawyer Huang concluded, "The reason why civil and commercial lawyers may encounter criminal risks during their practice lies in their insufficient understanding of legal risks and the lack of preventive measures. Therefore, we must always remain vigilant, strengthen learning and communication, and jointly promote the healthy development of the legal profession."
The Hebang Lecture concluded successfully amidst warm applause. Participants expressed that the lecture given by lawyer Huang Aihua was informative and insightful, and had important guiding significance for enhancing lawyers' professional ethics and preventing criminal legal risks.
