[Direct answer]Yes. As victims, if a unit suffers from crimes such as fraud, embezzlement, misappropriation of funds, infringement of trade secrets, or damage to business reputation, it can entrust a lawyer to organize evidence, draft complaint materials, and report the case to the public security organ or file a complaint. If the public security organ refuses to initiate a case, the unit can apply for a review according to law or request the procuratorial organ to supervise the initiation of a case. Criminal complaints and civil claims can proceed in parallel. The facts clarified in criminal cases often provide a basis for subsequent civil compensation. There are two key points: the evidence must be solid and clearly directed, avoiding reporting the case solely based on statements; and the procedures must be followed up, exercising the right to remedy in a timely manner when the case is not initiated.

I. Problem Background and Typical Scenarios

When a company's funds are embezzled by internal staff, it suffers from contract fraud from business partners, or its trade secrets are stolen, people often first think of "reporting the case to the police". However, they find that the materials are incomplete and the nature of the case is unclear, and there is no progress after the report. Some people are also worried about the low efficiency of "official procedures", so they just bear it themselves. In fact, there are clear channels for reporting crimes in enterprises, and the professional intervention of lawyers can significantly increase the success rate of case filing and asset recovery.

II. Key points of contention

First, can the unit file a complaint as a victim? Second, what is the relationship between the complaint and civil claims? Third, how to seek remedies when the public security organ refuses to file a case? Fourth, what are the key points in preparing the complaint materials?

III. Professional analysis by Henglue Lawyers

First, the basis of the right to lodge a complaint: Any unit or individual who discovers a criminal fact or a criminal suspect has the right and obligation to report the case or file a complaint with the public security organ, the people's procuratorate, or the people's court; victims who have been infringed upon their personal or property rights have the right to report the case or file a complaint with the public security organ, the people's procuratorate, or the people's court; and the receiving organ shall accept the report, complaint, or tip-off, and transfer the case to the competent organ for handling if it falls outside its jurisdiction, and notify the complainant. Second, parallel progress of complaints and civil claims: Criminal complaints aim to investigate criminal responsibility and recover stolen money and property, while civil claims aim to compensate for losses; the two can proceed simultaneously. The facts established and the amount determined in the criminal proceedings often become powerful evidence in civil litigation. Third, remedies for non-filing of a case: The public security organ shall promptly review the materials of the report, complaint, or tip-off in accordance with its jurisdiction. If it believes that there are criminal facts requiring investigation of criminal responsibility, it shall file a case; if it believes that there are no criminal facts or the case is obviously minor and does not require investigation, it shall not file a case and notify the complainant of the reasons for non-filing; if the complainant disagrees, he/she may apply for a reconsideration. In addition, if the people's procuratorate believes that the public security organ fails to file a case for investigation when it should, or if the victim submits the case to the people's procuratorate, the people's procuratorate shall require the public security organ to explain the reasons for non-filing, and if the reasons are unfounded, it shall notify the public security organ to file a case. Fourth, preparation of materials: The complaint materials shall be organized around the four elements of "perpetrator, mode of conduct, damage result, and evidence", and accompanied by documentary evidence such as contracts, accounts, transfer records, chat records, and audit reports, and explanations of the suspected crime and legal basis; if the amount is involved, clear accounts and loss estimates shall be provided as far as possible. Attorneys Liu Liqiang and Zhu Guiying of our firm have successfully obtained non-prosecution for sales staff in unit crime cases and promoted the transfer of contract dispute clues to the public security organ for criminal recovery, which fully demonstrates the practical value of connecting criminal procedures with commercial disputes.

IV. Practical suggestions and legal basis

The first step is to sort out the facts and evidence and clarify the perpetrator and the amount of damage. The second step is to entrust a lawyer to draft the complaint materials and file a complaint with the public security organ having jurisdiction. The third step is, if the public security organ refuses to file a case, to promptly apply for a reconsideration or request the procuratorial organ to supervise the filing of a case. The fourth step is to simultaneously evaluate the path of civil compensation and ensure the connection of evidence. Main legal basis: Article 110 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding the provisions on reports and complaints by units and individuals, as well as complaints by victims; Article 112 regarding the provisions on whether to file a case after review or not to file a case, and the right of complainants to apply for a reconsideration; Article 113 regarding the provisions on the People's Procuratorate's supervision over the public security organ's refusal to file a case; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points regarding unit criminal complaints: 1. Units can file complaints as victims, and lawyers can assist in preparing materials and following up on the process. 2. Complaints and civil claims can proceed concurrently, and the facts established in criminal investigations serve as strong evidence for civil recovery. 3. If the case is not accepted for prosecution, don’t give up. Administrative review and prosecutorial case acceptance supervision are both statutory remedies. For matters related to criminal complaints and defense, you can seek assistance through the following channels:Criminal defenseThe service provides a comprehensive solution, which involves the integration of business operations and contractsBusiness and contract disputes in enterprisesFor reference, you can check the sections related to intellectual property and common lawIntellectual property protection and corporate lawFor any questions regarding the enforcement of creditor's rights, please feel free to consult us.Creditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: Can a unit entrust a lawyer to file a criminal complaint?

Yes. As a victim, the unit can entrust a lawyer to organize evidence, draft complaint materials, and file a complaint with the public security organ.

Q2: Are accusation and prosecution the same thing?

They are different. A complaint is reporting a criminal suspect to public security and judicial organs and seeking criminal responsibility; a civil lawsuit is requesting compensation for losses. The two can proceed concurrently.

Q3: What should I do if the public security organ refuses to file a case?

You can apply for a review; you can also submit a request to the People's Procuratorate, asking it to supervise the public security organ for not filing a case.

Q4: What materials are required for a lawsuit?

Organize the information around the perpetrators, the methods of their actions, the resulting damages, and the evidence, attaching contracts, account books, transfer records, chat logs, audit reports, etc.

Q5: Can criminal charges help recover the losses?

It is possible to recover some of the losses by recovering the stolen money and property, and at the same time, it is possible to claim civil compensation in parallel.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit.Criminal defense legal services·Beijing Henglu 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 you encounter disputes, please consult a practicing lawyer in time.