[Direct answer]In the Beijing area, you can report or file a complaint with the public security organ in the name of your unit. For cases involving the crime of bribery of non-state employees and the crime of embezzlement of duty, the company should prepare four types of materials: 1. Main qualification materials, including the business license and the legal representative's identity certificate; 2. Position and responsibility materials, such as labor contracts, appointment documents, and authority lists; 3. Evidence of the involved actions and funds, including contracts, orders, approval records, bank statements, and transfer certificates; 4. Communication and related evidence, such as chat records, emails, and witness testimonies. According to the provisions of the Criminal Law of the People's Republic of China (amended in 2023) regarding crimes such as embezzlement of duty and bribery of non-state employees, and the provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding reporting and filing complaints, the public security organ will review and decide whether to initiate a case after accepting the report. If the case is not initiated, you can apply for a review according to law or request the people's procuratorate to initiate a case supervision. It is recommended to seek assistance from a lawyer to sort out the evidence, evaluate the charges and amounts, and improve the effectiveness of case initiation and asset recovery.

I. Problem background and typical scenarios

Purchasing, sales, and finance positions are high-risk areas for employees to receive kickbacks and embezzle company assets. Common forms include suppliers providing rebates based on order quantities, fabricating business transactions to embezzle funds, secretly withholding client payments, and falsely inflating reimbursements. Companies often have scattered clues but struggle to establish a chain of evidence, and reports are often dismissed on the grounds of internal management disputes. When handling such cases in the Beijing area, whether the facts and amounts of the crime can be clarified is the core of the case review and filing process.

II. Key points of contention

There are four points that need to be clarified: Firstly, the nature of the act is either embezzlement, bribery of non-state employees, commercial bribery, or commercial disputes; Secondly, whether the amount involved meets the standard for prosecution, which requires verification based on bank transaction records and account statements; Thirdly, whether the evidence forms a complete chain, including the use of official position, the method of conduct, and the destination of the funds; Fourthly, whether criminal prosecution can proceed concurrently with labor disciplinary action and civil litigation. Generally, criminal prosecution does not conflict with asset recovery and compensation, or internal disciplinary action, but attention should be paid to the legality and confidentiality of the evidence.

III. Professional analysis by Henglue Lawyers

A criminal prosecution case handled by Henglue Law Firm demonstrates the decisive role of evidence chain construction in case filing. Yang Hua from Tianjin was defrauded and extorted for a total of over 3.12 million yuan by others under the guise of transfer fees, deposits, and settlement fees when purchasing a second-hand car. After consulting several law firms that advised him to pursue civil litigation, he entrusted Yuan Hang, a lawyer from our firm, to file a criminal complaint on his behalf. After accepting the case, Yuan Hang sorted and analyzed a large amount of transfer and chat records, assisted in supplementing fixed evidence to form a complete evidence chain, and drafted the "Criminal Complaint Letter" and "Evidence List", demonstrating in detail the defendant's fraudulent acts of deception and extortion by threats. At the same time, he clearly requested the public security organ to investigate the case and recover the illegal proceeds. The lawyer accompanied the victim to report the case, and the public security organ accepted it on the same day. Less than three weeks later, the case was officially investigated. The experience of this case can be directly applied to corporate complaint scenarios: first, clarify the nature of the act and the charge, then use job responsibilities, fund flows, and communication records to form an evidence chain, and finally prepare standardized complaint documents and evidence lists to promote case filing and ensure the recovery of illegal proceeds. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, fix the evidence and preserve the contract, order, approval records, bank transactions, and chat records; Second, calculate the amount involved in the case and prepare an explanation of the amount; Third, entrust a lawyer to evaluate the charges and jurisdiction, and prepare a criminal complaint and evidence list; Fourth, report the case and obtain a receipt of acceptance. If the case is not accepted, apply for a review or supervision of the case filing in a timely manner. For matters involving corporate compliance and criminal risk prevention, you can refer to the following materials for reference:Intellectual property protection and corporate lawFor cases involving criminal charges and defenses, you can refer to the following materials for reference:Criminal defense and criminal case filingLegal basis: The provisions of the Criminal Law of the People's Republic of China (amended in 2023) regarding crimes such as embezzlement of public funds and bribery of non-state employees; Articles 110, 112, and 113 of the Criminal Procedure Law of the People's Republic of China (amended in 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the key to filing a case lies in whether the chain of evidence is complete, rather than emotional accusations. Secondly, the amount of compensation should be supported by accounting records and transaction records to avoid miscalculations. Thirdly, criminal charges, internal disciplinary actions, and civil compensation claims can proceed in parallel, but attention should be paid to the compliance of evidence sharing. Fourthly, confidentiality should be maintained to avoid evidence being inadmissible due to illegal investigation and evidence collection methods. For cases involving corporate compliance and commercial disputes, it is advisable to seek legal assistance through professional legal firms or attorneys.Intellectual property protection and corporate lawThe service is supported, and cases involving criminal prosecution can be handled in conjunction with it.Criminal defense and criminal case filingFor those involved in the rectification of internal corporate systems, you may refer to the following document for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: If an employee accepts kickbacks, can the company report the case to the police?

Yes. The company can report the case to the public security organ and file a complaint in the name of the unit. If the employee uses his position to solicit or accept kickbacks for the benefit of others, he may be suspected of the crime of accepting bribes by non-state employees. When reporting the case, the company should submit evidence such as contracts, orders, approval records, bank statements, and chat records, and explain the connection between the amount and the employee's position.

Q2: What are the prosecution standards for the crime of embezzlement?

The standards for prosecution are determined by judicial interpretations and relevant regulations, and may be adjusted according to economic and social development and regional practices. Enterprises should first verify the amounts involved in the case through accounting and cash flow calculations, and prepare a calculation explanation. Then, lawyers should evaluate whether the case meets the filing conditions based on the currently effective standards for prosecution, to avoid applying outdated standards on their own.

Q3: What evidence do I need to prepare for the accusation?

It usually includes the company's main qualification materials, employees' labor contracts and materials on their duties and powers, contracts and orders involved in the case, approval and reimbursement records, bank statements and transfer certificates, chat records and emails, as well as explanations of the amount calculation and a list of evidence. The evidence should be able to reflect the convenience of the position, the behavioral patterns, and the whereabouts of the funds.

Q4: What should I do if the public security organ refuses to file a case?

You should request a written notice of non-filing of a case, apply to the people's procuratorate at the same level as the public security organ that made the decision for case filing supervision, and submit the complaint materials and the list of evidence; if you disagree with the decision of non-filing a case, you can also apply for a review according to law. At the same time, you can continue to seek compensation through civil litigation and pay attention to preserving the involved property.

Q5: Can internal disciplinary action and criminal charges be carried out simultaneously?

Yes. The enterprise can handle the matter internally in accordance with its rules and regulations, while reporting the case to the public security organ and pursuing civil liability. These three actions do not necessarily conflict with each other. However, attention should be paid to the legality and consistency of the use of evidence, so as to avoid affecting the criminal case filing or being accused of infringement due to improper procedures. It is recommended to proceed under the coordination of a lawyer.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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·Attorney Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective 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.