[Direct answer]In the Beijing area, internal investigations should follow the principles of legality, prudence, and clear scope, typically including: initiating decision-making and authorization, forming an investigation team, defining the scope of the investigation, preserving and fixing evidence, interviewing relevant personnel, and formulating investigation conclusions and rectification plans. According to Article 7 of the Anti-Unfair Competition Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019) regarding commercial bribery, as well as the provisions of the Criminal Law of the People's Republic of China regarding the crimes of bribery and accepting bribes, enterprises should handle such matters in accordance with the law. It is recommended that external professional lawyers lead or participate in the investigation to achieve relatively independent and professional results. During the investigation, personal legal rights shall not be infringed, and personal freedom shall not be illegally restricted or evidence shall not be obtained by illegal means. For verified problems, timely rectification and improvement of internal controls should be carried out, and it should be assessed according to law whether it is necessary to report or transfer the case for handling. Specifically, the facts and current effective laws, regulations, and judicial rulings shall prevail.

1. Problem background and typical scenarios

When suspicious clues of commercial bribery are discovered within an enterprise, the proper handling of the matter directly affects the legal consequences. Typical scenarios include: employees reporting kickbacks in the procurement process; a partner being investigated and implicating the enterprise; unusual sales expenses raising suspicions; regulatory inquiries requiring the enterprise to provide explanations; and the enterprise hoping to conduct compliance-based remediation through an investigation. In the above-mentioned situations, the legality of the investigation and the credibility of its conclusions are of utmost importance. For related criminal and compliance matters, please refer to the following resources for further guidance:Criminal defense and criminal case filing.

II. Key points of contention

First, the authorization and initiation of internal investigations. Second, the definition of the scope of the investigation and the preservation of evidence. Third, the interview methods and the protection of employees' rights. Fourth, the value of external lawyers leading the investigation and the protection of lawyers' work results. Fifth, the handling of investigation conclusions and personnel disciplinary actions. Sixth, whether to actively report to regulatory authorities or the judiciary. Seventh, compliance rectification and improvement of internal controls. The above issues determine the effectiveness of the investigation and the enterprise's risk. For enterprise contracts, please refer to the relevant provisions.Business and contract disputes in enterprises.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers advise in corporate compliance practice that internal investigations should be conducted within a legal framework to avoid new risks arising from procedural flaws. Firstly, clarify authorizations and scope: the company's decision-making layer should issue written authorizations to define the investigation items, timeframes, and targets, preventing the investigation from being unnecessarily expanded. Secondly, standardize evidence collection: legally preserve emails, financial documents, contracts, and electronic data, and avoid using unlawful means such as intrusion or unauthorized seizure. Thirdly, conduct interviews with caution, inform employees of their rights, and refrain from using threats, deception, or disguised restrictions on personal freedom. Interview records must be accurate and complete. Fourthly, enlist external professional assistance: investigations led or participated in by lawyers help maintain independence and professionalism, and where applicable, claim corresponding protection for legal work results. Finally, implement rectification and handling measures: promptly stop and correct identified issues, improve internal controls, and evaluate whether to report to regulatory or judicial authorities in accordance with the law to avoid risk escalation. Henglue Lawyers typically conduct preliminary lead assessment to determine whether to launch a formal investigation, then proceed within the scope and form conclusions that can be used for decision-making and responding to external investigations. For cases involving corporate and criminal compliance, reference can be made to the relevant provisions of the Criminal Law and other laws and regulations. 恒略律师在企业合规实务中提示：内部调查应在合法框架内进行，避免因程序瑕疵引发新风险。首先，明确授权与范围，由公司决策层作出书面授权，界定调查事项、时间范围与对象，防止调查无限扩张。其次，规范证据固定，对邮件、财务凭证、合同与电子数据进行合法保存，避免采用非法侵入、私自扣押等手段。再次，谨慎开展访谈，告知员工相关权利，不采用威胁、欺骗或变相限制人身自由的方式，访谈记录须如实完整。第四，借助外部专业力量，由律师主导或参与调查，有助于保持独立性与专业性，并在符合条件时主张律师工作成果的相应保护。最后，落实整改与处理，对查实问题及时停止、纠正并完善内控，依法评估是否需要向监管或司法机关报告，避免风险扩大。恒略律师通常先进行初步线索评估，判断是否启动正式调查，再依范围推进并形成可供决策与应对外部调查使用的结论。涉及企业与刑事合规的，可参考Criminal defense and criminal case filing.

IV. Practical suggestions and legal basis

Action list: First, obtain written authorization from the decision-making level and clarify the scope of the investigation; Second, legally fix evidence such as emails, financial documents, and contracts; Third, standardize interviews and protect employees' legitimate rights and interests; Fourth, introduce external lawyers to lead or participate in the investigation; Fifth, promptly rectify the identified problems and fulfill the obligation to submit an assessment report. Legal basis: Article 7 of the Anti-Unfair Competition Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019) regarding commercial bribery; the provisions of the Criminal Law of the People's Republic of China regarding crimes such as bribing and accepting bribes from non-state employees; and the provisions of the Civil Code of the People's Republic of China (implemented on January 1, 2021) regarding the protection of personality rights. For cases involving criminal compliance, reference may be made to the relevant provisions.Criminal defense and criminal case filing; For contracts involving enterprises, you can refer to them for reference.Business and contract disputes in enterprises; For matters related to corporate law, you can refer to the following materials for reference.Intellectual property protection and corporate lawThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the internal investigation must be legal and compliant, avoiding procedural flaws. Secondly, the authorization and scope should be clear to prevent unlimited expansion. Thirdly, the evidence collection and interview methods should be standardized. Fourthly, having external lawyers lead the investigation can help ensure independence and professionalism. Fifthly, identified issues should be rectified promptly and compliance reports should be evaluated. For matters involving corporate compliance, the investigation can be conducted through the following channels:Criminal defense and criminal case filingObtain a comprehensive solution for the service.

VI. Frequently Asked Questions

Q1: How to investigate if an employee has accepted bribes?

First, clues and evidence should be fixed within the legal scope. The company should issue a written authorization and define the scope, conduct interviews in a standardized manner, and, if necessary, involve external lawyers to avoid illegally obtaining evidence or restricting personal freedom.

Q2: Can an internal investigation search employees' computers?

This requires careful handling. For the equipment and email accounts provided by the company, they should be checked in accordance with internal regulations and authorization scopes; for matters involving personal privacy and personal information, they must be protected in accordance with the law to avoid the use of intrusive methods that may render evidence invalid or lead to infringement of rights.

Q3: Why did you hire an external lawyer to investigate this matter?

External lawyers help maintain the independence and professionalism of the investigation, standardize the procedures for collecting evidence and conducting interviews, and reduce procedural risks. When conditions permit, they may also claim corresponding protection for the results of their legal work.

Q4: Do I need to report if I detect commercial bribery?

It needs to be assessed in accordance with the law. Enterprises should stop and rectify illegal activities and improve their internal control systems. Whether they should actively report to regulatory or judicial authorities should be determined based on the nature of the acts, the circumstances, and legal provisions. It is recommended to make decisions under the guidance of lawyers' opinions.

Q5: Does commercial bribery involve criminal charges?

It may be involved. Bribing or accepting bribes from non-state employees, or bribing or accepting bribes involving state employees, may constitute a crime; enterprises should assess the criminal risks based on the amount, circumstances, and targets, and deal with them in a timely manner.

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 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. →Corporate commercial legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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.