[Direct answer]In the Beijing area, units can fully entrust lawyers to file charges on behalf of victims. The Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018) stipulates that victims, their legal representatives, and close relatives have the right to file charges, and victimized units can entrust litigation agents to participate in the litigation. In practice, enterprises should prepare their business licenses, legal representative identification certificates, power of attorney documents, and the agent's professional materials. The lawyer will draft the charge letter, organize the evidence list, and submit it to the public security organ on behalf of the enterprise. If necessary, the lawyer will accompany the enterprise to report the case, follow up on the acceptance and filing of the case, and assist in the litigation process. In addition to criminal accountability, enterprises can also file incidental civil suits in criminal proceedings or initiate separate civil litigation to recover losses. For crimes such as embezzlement, misappropriation of funds, and commercial bribery that harm the interests of enterprises, a sound internal authorization and approval system with clear records is an important evidentiary basis for filing charges.

1. Problem background and typical scenarios

When enterprises encounter internal embezzlement or external fraud, they often get stuck at the acceptance stage due to issues with the identity of the main parties involved and the preparation of materials. Typical scenarios include: employees embezzling company funds by taking advantage of their positions; sales or purchasing staff accepting kickbacks to harm the company's interests; partners defrauding the company with false projects; departing employees taking away customer resources and trade secrets; and enterprises reporting cases based solely on verbal explanations after discovering abnormalities, which makes it difficult to establish the facts of the crime. In such situations, it is often necessary to collect evidence on behalf of the company, clarify the amount of losses, and file charges.

II. Key points of dispute

Firstly, the qualifications and procedures for units to act as complainants and litigation agents. Secondly, the construction of the evidence chain, and how the accounts, contracts, approvals, and fund flows correspond to the elements of the crime. Thirdly, the boundaries between embezzlement, misappropriation of funds, and internal civil disputes. Fourthly, the determination of the amount of losses and the path of recovery. Fifthly, the protection methods for trade secrets and customer resources. Sixthly, the legal boundaries of internal investigations, and the handling of employee privacy and labor relations. Seventhly, the connection and sequence between complaints and civil litigation.

III. Professional analysis by Henglue Law Firm

The experience of Henglu Law Firm in handling complaint cases is that the success or failure of a unit's complaint depends on three things: whether the subject's formalities are complete, whether the evidence forms a chain, and whether the legal argumentation is clear. First, regarding the subject's formalities, the company should issue a power of attorney, accompanied by the business license and the legal representative's identity certificate, and appoint a lawyer as the litigation agent to ensure that the procedure of filing a complaint on behalf of the unit is legal. Second, regarding the evidence, materials should be organized around the flow of funds and the exercise of authority, including contracts and orders, payment vouchers and transaction records, approval records, chat and email records, inventory and reconciliation materials, and authority and position descriptions, to fully reconstruct the process of the perpetrator illegally appropriating company assets by taking advantage of his position. Third, regarding the legal argumentation, it is necessary to distinguish between embezzlement and ordinary economic disputes, misappropriation of funds and borrowed funds, clarify the illegal appropriation purpose and the amount involved, and accordingly propose criminal charges and requests for restitution. In addition, the internal investigation of the enterprise should be conducted within legal limits to avoid infringing on employees' privacy or violating labor law regulations. For cases involving large amounts of money or complex evidence, it is advisable to engage a lawyer as soon as possible to coordinate the work and, if necessary, evaluate civil litigation and property preservation simultaneously to prevent losses from expanding. In practice, complaints with complete materials and detailed argumentation are more likely to be accepted and filed, while those without sufficient evidence are easily classified as civil disputes. When handling such cases in the Beijing area, the authorities place higher demands on the evidence of the flow of funds and the exercise of authority.

IV. Practical suggestions and legal basis

Action list: First, perfect the authorization and entrustment procedures to file a complaint on behalf of the unit; Second, organize evidence around the authority's actions and the flow of funds, and prepare an evidence catalogue; Third, accurately determine the amount of losses and conduct an audit if necessary; Fourth, simultaneously evaluate civil litigation and property preservation to prevent the transfer of assets; Fifth, conduct internal investigations in accordance with the law to avoid procedural risks. Legal basis: The provisions of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018) regarding complaints, litigation agents, and incidental civil actions; the provisions of the Criminal Law of the People's Republic of China regarding such crimes as embezzlement, misappropriation of funds, bribery of non-state employees, and infringement of trade secrets. For complaints involving units, reference can be made to the relevant provisions.Criminal defense and criminal case filingFor reference, you can check the sections related to corporate law and compliance.Intellectual property protection and corporate lawFor cases involving claims for compensation for losses, you can refer to the following document for reference.Creditor's rights and debts, and enforcementThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the unit's accusation requires complete authorization procedures, otherwise the process will be blocked. Secondly, the evidence needs to form a chain around the authority and the flow of funds. Thirdly, the boundary between embezzlement and civil disputes needs to be distinguished by the purpose of illegal possession. Fourthly, the internal investigation should be legal, paying attention to employee privacy and labor relations. Fifthly, criminal and civil proceedings can proceed in parallel, making good use of preservation measures to prevent the transfer of property. In cases involving unit crimes, it is possible to handle them through legal channels.Criminal defense and criminal case filingYou will receive a comprehensive solution for the service, which can be integrated with corporate compliance requirements.Intellectual property protection and corporate lawFor cases involving the recovery of losses, you can refer to the following information for reference.Creditor's rights and debts, and enforcement.

VI. Frequently Asked Questions

Q1: Is there a difference between a unit's accusation and an individual's report to the police?

Yes. As the victim, the unit should file a complaint on behalf of the unit, and it is necessary to submit the business license, the identity certificate of the legal representative, and the power of attorney. A lawyer will act as the litigation agent to advance the process. Compared with individual reporting, the unit's complaint places more emphasis on the completeness of the subject's formalities and the proof of the amount of loss, and the requirements for material preparation are also higher.

Q2: What materials are needed to prepare for the accusation?

Generally, the evidence required includes a letter of accusation, a business license and the legal representative's identity certificate, a power of attorney, the attorney's practice materials, as well as contracts and orders, payment vouchers and bank statements, approval and reconciliation records, chats and emails, job descriptions and authority statements, etc. For cases involving loss amounts, an audit report or special accounting materials may be provided.

Q3: How much does it cost to hire a lawyer if the unit files a lawsuit against me?

The fees depend on the complexity of the case, the amount of evidence, and the stage it is at. Additional fees may apply for audits, appraisals, and out-of-court settlements. Fees can be charged on a project-by-project or stage-by-stage basis. It is recommended to first assess the evidence and the likelihood of recovery before determining the investment. The specific amount will be subject to negotiation between the parties and as stipulated in the engagement contract.

Q4: How can enterprises recover their losses?

It is possible to recover the losses through criminal recovery and compensation, as well as by filing a civil action in criminal proceedings; if the criminal proceedings do not cover all the losses, a civil action can also be filed separately. To increase the likelihood of repayment, it is necessary to promptly identify the other party's assets and apply for preservation measures. The recovery rate depends on the other party's asset situation and enforcement efforts, and cannot be guaranteed in advance.

Q5: Can the company investigate employees' mobile phones during an internal investigation?

Be cautious. Generally, companies do not have the right to forcibly check employees' personal devices and private information. Evidence collection should be carried out within the legal scope and in accordance with the relevant provisions of labor law and personal information protection. It is recommended to clarify the rules for the use of office equipment and accounts in the system, save evidence through compliant methods in abnormal situations, and entrust a lawyer to guide the investigation when necessary.

This article is written based on the common judicial interpretation 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 facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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 public 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.