[Direct answer]In the Beijing area, the key to avoiding secondary criminal risks lies in three points: first, not destroying, concealing, or tampering with the materials involved in the case; second, not colluding with others or using threats, bribes, or other means to induce others to give false testimony; and third, not providing false materials or making false statements. According to Article 307 of the Criminal Law of the People's Republic of China, anyone who uses violence, threats, bribes, or other methods to prevent witnesses from giving testimony or induce others to give false testimony, as well as anyone who helps the parties destroy or fabricate evidence, may constitute a crime; the Criminal Procedure Law of the People's Republic of China (amended in 2018) also stipulates that relevant units shall provide evidence truthfully. The action direction is to immediately stop all "after-the-fact" actions and let lawyers unify the control of external statements and material submissions.

1. Problem background and typical scenarios

After a company receives a report or is put under investigation, the most common internal response is to "deal with it quickly": deleting emails, clearing records, making employees speak in a unified manner, and removing relevant materials. These actions may seem to reduce exposure, but in reality, they are very likely to escalate ordinary violations or civil disputes into new criminal liabilities. The secondary risks are often more dangerous than the original case itself.

II. Key points of contention

First, what constitutes obstruction of justice or aiding in the destruction of fabricated evidence. Second, what is the correct way to "provide truthful information". Third, the boundaries between an employee's personal behavior and the company's responsibilities. Fourth, how to secure evidence favorable to one's own side.

III. Professional analysis by Henglue Lawyers

The evidence sorting method developed by Henglue Lawyers in handling major criminal cases is also applicable to enterprises responding to reports. Taking the handling of an intentional homicide with accompanying civil cases as an example, after accepting the entrustment, the lawyers carefully reviewed all case files, including physical evidence, documentary evidence, witness statements, defendant's confessions, appraisal opinions, on-site inspection records, and audiovisual materials. By comparing the inconsistencies in the defendant's confessions before and after, they pointed out that the defendant had not made a truthful confession and did not constitute a voluntary surrender. This case shows that the consistency, integrity, and verifiability of evidence are the basis for establishing facts. Conversely, once there are traces of alteration or collusion in evidence, the judicial authorities' trust in the entire case materials will decrease. When it comes to enterprises responding to reports, Henglue Lawyers usually recommend adhering to three disciplines: First, immediately stop all acts of deleting or transferring data, and seal and register all existing electronic and paper materials in place; Second, unify the external communication and statement procedures led by lawyers to avoid inconsistent statements and contradictions among different personnel; Third, actively sort out and submit materials that can prove the authenticity of the business and the compliance approval process, and fix the favorable evidence in the case. At the same time, conduct a disaggregated analysis of the responsibilities of enterprises and employees, clarify which actions belong to personal overstepping and which belong to corporate decisions, so as to leave room for subsequent defense and compliance rectification. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action List: 1. Issue an internal notice to stop all data deletion, modification, and transfer, and properly document and register the materials for preservation; 2. Designate a single contact person to publicly state that all materials submitted will be reviewed by lawyers; 3. Self-audit and organize beneficial evidence such as contracts, approval documents, and financial vouchers; 4. Distinguish between the responsibilities of the organization and individuals, and initiate necessary compliance rectifications. Legal Basis: Article 307 of the Criminal Law of the People's Republic of China regarding the crime of obstructing witnesses and assisting in destroying or forging evidence; Article 120 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding the obligation of relevant units to cooperate with investigations and provide truthful evidence; The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

There are three key points in responding to reports: Firstly, the first reaction should not be to delete or modify information or to impose a unified stance; Secondly, external statements should be reviewed by lawyers to avoid inconsistencies; Thirdly, actively submit favorable evidence and clarify the division of responsibilities between the company and individuals. For issues involving corporate criminal risks and defense, you can seek assistance through the following channels:Criminal defense and criminal case filingThe service provides a comprehensive solution, which involves integrating the company's common laws and system constructionIntellectual property protection and corporate lawFor reference, please refer to the sections involving contracts and financial documentsBusiness and contract disputes in enterprisesFor those interested in labor employment, you can check out the relevant columnsLabor arbitration and work-related injury compensationFor the column, if you have any questions about defamation or extortion against the reported person, you can consult usPersonal injury and medical disputesFor any team-related issues or difficult situations, please feel free to contact us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If an employee deletes data without authorization, is the company liable for the consequences?

It depends on the circumstances. If it is the employee's personal behavior and the company is unaware of it, and the company stops it in time and cooperates with the investigation after the fact, it can usually be considered as a disassociation of responsibility; if it is at the instigation or with the tacit consent of the company, the company may be deemed to have participated in it and bear corresponding responsibilities. Therefore, if any suspicious signs are found, they should be stopped immediately and the internal handling records should be fixed.

Q2: What evidence do we need to collect in order to respond to the report?

It includes the actual transaction documents of the business, contracts and approval records, fund transactions, correspondence and communication records, as well as materials that can prove the unauthorized actions of relevant personnel and the fact that the unit was not aware of them. It is recommended that lawyers prepare a list and collect the materials in a unified manner to avoid confusion or loss of materials during the collection process.

Q3: If I hire a lawyer to deal with the report, will it be very expensive?

Depending on the stage of the case and the workload, the fees are usually quoted on a project or stage basis, and the fees involved in criminal investigation responses and compliance rectifications will increase accordingly. Compared with the cost of secondary risks leading to enterprise shutdowns, account freezes, and personnel being held accountable, the upfront investment is usually more cost-effective. The specific scope of services can be discussed with the law firm.

Q4: How long will the entire response process last?

Depending on the scope and progress of the investigation, it may take weeks to verify the information or months to conduct the investigation. Enterprises should be prepared for continuous responses, appoint dedicated personnel to cooperate in batches, and simultaneously promote compliance rectification to avoid affecting normal operations due to long-term shutdowns.

Q5: What should I do if I'm maliciously reported?

Two things should be done simultaneously: on the one hand, cooperate with the investigation truthfully and actively submit favorable evidence to prove one's innocence; on the other hand, fix evidence of fabricating facts and extortion in the report, and hold the relevant personnel accountable according to law. It is important to avoid confronting in an excessive manner and escalating the conflict into new criminal risks.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.