[Direct answer]In the Beijing area, when facing on-site investigations and evidence seizures by public security authorities, the correct approach is to verify the identity and legal documents of the investigators, cooperate with the lawful investigation, and safeguard one's rights in accordance with the law. According to the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), when investigators conduct inspections, examinations, or searches, they shall present their credentials and relevant legal documents; for seized items and documents, they shall, together with the witnesses present and the holders of the seized items, conduct a thorough inventory and draw up a list in duplicate, which shall be signed or stamped by the investigators, witnesses, and holders. One copy shall be given to the holder, and the other shall be attached to the case file for future reference. The parties have the right to request verification of the seizure list, retain copies, and raise objections to items unrelated to the case and apply for their return. At the same time, they should truthfully cooperate with the investigation, but may refuse to answer questions that might incriminate themselves and promptly engage a lawyer. For property that is confirmed to be unrelated to the case, it shall be promptly returned.

I. Problem Background and Typical Scenarios

When a company or an individual is suddenly faced with an on-site investigation by the public security authorities, they are likely to respond inappropriately due to nervousness. Typical scenarios include: investigators going to the company to retrieve account books, computers, and contract materials; conducting on-site searches and seizing mobile phones, bank cards, and cash; and taking interrogation records on site, requiring the person involved to explain the situation on the spot. When handling cases involving enterprises in the Beijing area, lawyers usually remind enterprises to standardize the reception process, designate special personnel to handle and check the documents, and ensure the accuracy of the information provided.Criminal defense and criminal case filingIn business, whether the seizure list is standardized is often an important entry point for subsequent disputes over the legality of evidence.

II. Key points of contention

First, whether the investigators presented their credentials and legal documents; Second, whether the search and seizure procedures were carried out with witnesses present and in accordance with the law; Third, whether the scope of the seizure exceeded the needs of the case, and whether unrelated items were also seized; Fourth, whether the extraction of electronic data was conducted in accordance with the law and whether it was fully secured; Fifth, whether the records of the on-site interrogation transcripts were consistent with the statements. The above issues not only involve the legality of the procedures, but also affect whether the subsequent evidence can be admitted as evidence.

III. Professional analysis by Henglue Lawyers

Based on our practical experience in handling criminal cases involving enterprises, there are four key points to address on-site investigations and evidence seizures. First, verify before cooperating: Require them to present their work IDs and legal documents such as search warrants and evidence collection orders. Check the authority, purpose, scope, and time limit specified in the documents. If the requests exceed the scope, you can politely raise objections. Second, maintain a full record of the process: Record the seizure process, check the inventory item by item, and keep a copy, noting the item's name, quantity, characteristics, and condition. Third, provide standardized statements: Provide truthful explanations of known facts. For uncertain or self-incriminating questions, you can legally refrain from answering them until a lawyer arrives or provide written supplements later to avoid making statements that do not correspond to the facts due to nervousness. Fourth, protect operations and data: Enterprises should appoint dedicated personnel to handle the matter, avoid deleting or transferring data without authorization to prevent being deemed as concealing or destroying evidence. Back up core data and ledgers in real time for verification. For issues involving corporate governance and contract review, please refer to the relevant materials.Business and contract disputes in enterprisesFor issues involving electronic data and intellectual property, you can also refer to the following materials for reference.Intellectual property protection and corporate law.

IV. Practical suggestions and legal basis

Action suggestions: First, establish an investigation response plan and clarify the contact person and the recorder; Second, verify the documents and legal documents and keep copies or photos; Third, check the seizure list item by item and keep copies, and raise objections to items unrelated to the case; Fourth, cooperate truthfully with legal investigations, answer questions about personal responsibilities with caution, and promptly hire a lawyer; Fifth, do not delete or transfer data without authorization, and ensure data backup and business traceability. Legal basis: The Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) regarding the provisions on search, seizure, witnessing, list preparation, and the return of property unrelated to the case; The Procedural Regulations for the Handling of Criminal Cases by Public Security Organs of the People's Republic of China regarding the relevant requirements for investigation and evidence collection (based on the currently effective regulations). For criminal defense matters, please refer to the relevant provisions.Criminal defense and criminal case filingFor disputes involving the disposition of property, you can refer to the following for reference.Creditor's rights and debts, and enforcementThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, it is not contradictory to cooperate with legal investigations and safeguard one's own rights. The key lies in verifying the procedures and keeping records. Secondly, the seizure list is an important basis for subsequent disputes, so it is necessary to keep a copy and check each item. Thirdly, for property unrelated to the case, one can apply for its return according to law. If it is found to be unrelated, it should be promptly returned. Fourthly, one should be cautious when giving on-site statements, and uncertain issues can be supplemented in writing after the lawyer is present or afterwards. Fifthly, enterprises should standardize information management and data backup to avoid causing new risks due to improper handling. For cases involving enterprises, they can seek assistance through legal channels.Criminal defense and criminal case filingYou can refer to the overall solution for services, which involves the general laws of enterprisesIntellectual property protection and corporate law.

VI. Frequently Asked Questions

Q1: Is it necessary to cooperate with the on-site investigation?

We should cooperate with legitimate investigations, but we can first verify the investigators' credentials and legal documents. Refusing to cooperate with searches and seizures that are carried out in accordance with legal procedures and within the scope of the law may lead to adverse consequences; for requests that exceed the scope of the documents or fail to present credentials, we can politely raise objections and demand that the matter be handled in accordance with the law. Cooperation and protecting one's rights do not conflict with each other. The key is to keep a record of the entire process.

Q2: Do we need to provide a list of the seized items?

It is necessary. When seizing items and documents according to the law, the investigators shall, together with the witnesses and the holders present, check and count them carefully, and make a list on the spot in duplicate, which shall be signed or stamped by the investigators, witnesses and holders. One copy shall be given to the holder. The parties concerned shall check the contents of the list item by item and keep a copy of it. If there are any items that do not match the records or are irrelevant to the case, they shall raise objections in time, so as to facilitate future verification and application for return.

Q3: What should I do if my phone and computer are confiscated?

First, check the seizure list, record the brand, model, and status of the equipment, and request that it be sealed up in accordance with the law. The extraction of electronic data should follow legal procedures. The parties involved can monitor whether the extraction process is complete and whether corresponding records are made through their lawyers. For equipment or materials unrelated to the case, they can apply for their return in accordance with the law. At the same time, backups and usage records should be preserved to avoid the loss of data affecting subsequent explanations.

Q4: Can I sign the on-site transcript?

You should first read the content of the transcript and confirm that it is consistent with your statement before signing it. If the record does not match your statement, you can request a correction or refuse to sign it and state the reasons. For issues involving your own responsibilities, if you are unsure, you can temporarily refrain from answering them in accordance with the law and wait for a lawyer to arrive or provide additional explanations in writing afterwards. It is more beneficial to protect your own legitimate rights and interests to verify the information carefully than to sign it hastily.

Q5: When will the seized property be returned?

For the property that is found to be unrelated to the case, it shall be returned within the statutory time limit. The property related to the case shall be dealt with in accordance with the law after the conclusion of the litigation process. The parties may submit a return application through a lawyer, provide ownership certificates and purchase invoices and other materials to prove ownership, and follow up on the progress of the case handling by the handling organ. For property that is easily depreciated, they may also apply for preliminary disposal to protect its value.

The above Q&A is mainly based on judicial practice in Beijing. 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 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 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.