[Direct answer]In the Beijing area, the key to improving the success rate of filing criminal charges is to organize evidence around the constitutive elements of the crime, rather than simply submitting a statement of the circumstances. In practice, the process typically proceeds in four stages: First, clarify the charges, such as fraud, which corresponds to Article 266 of the Criminal Law of the People's Republic of China (amended by the Eleventh Amendment to the Criminal Law), and extortion, which corresponds to Article 274; Second, organize evidence according to the constitutive elements, such as proving that the perpetrator has the intention of illegal possession, and using false facts or concealing the truth to make the victim mistakenly believe in the facts and dispose of their property; Third, supplement fixed original evidence, including transfer records, chat records, documentary evidence, and witness statements; Fourth, prepare standardized "Criminal Complaints" and "Evidence Lists", and, if necessary, report the case with a lawyer's accompaniment and explain the relevance of the evidence in person.Criminal defense and criminal case filingIn class actions, the quality of the arguments presented during the filing stage often determines whether the subsequent proceedings can proceed.

1. Problem background and typical scenarios

There are three common reasons why charges are not filed: First, the boundaries between economic disputes and criminal offenses are blurred, and the victims themselves cannot clarify whether the other party intended to defraud them or misappropriated the funds after borrowing them. Second, the evidence is fragmented, with only sporadic transfer screenshots and chat records, lacking an explanation of the causal chain. Third, the documents are not standardized, with only a claim-style material submitted, failing to provide arguments corresponding to the elements of the crime. There is also a situation where the victim first pursues civil litigation, and during the litigation, it is discovered that the other party is suspected of a crime. In this case, the existing litigation materials can be used as evidence for the accusation.Creditor's rights and debts, and enforcementThe collection records and the other party's responses in such transactions may also serve as evidence for prosecution.

II. Key points of contention

The first focus is whether the chain of evidence proving that the victim disposed of the property based on a mistaken understanding is complete. The second focus is the basis for presuming the perpetrator's intent to illegally possess the property, such as whether the perpetrator demanded a large sum of money without the ability to fulfill the contractual obligations. The third focus is the feasibility of multiple charges running in parallel, such as charging the unit with one crime and the individual with another. The fourth focus is the accurate calculation and breakdown of the amount involved in the case. The fifth focus is whether the victim himself/herself has any fault or whether there is a genuine contractual relationship with the other party. The sixth focus is the defense that the case belongs to the category of economic disputes. The seventh focus is the follow-up actions after the charges are filed and the methods of submitting supplementary evidence.

III. Professional analysis by Henglue Lawyers

Take a criminal prosecution case handled by Attorney Yuan Hang of our firm as an example: A victim in Tianjin needed to purchase a car and entrusted the matter to his relatives. The other party repeatedly demanded payments under the guise of transfer fees and deposits, and later used various excuses to repeatedly extort money, with the total amount exceeding 3 million yuan. Some of these actions involved threats. After accepting the case, the attorney first sorted through the evidence, matching the transfer records and chat logs with the false excuses provided by the other party to form a factual chronology of fraud and extortion, distinguishing the different deception and threatening methods at different stages. Subsequently, the attorney assisted in supplementing relevant fixed evidence. On this basis, the attorney drafted the "Criminal Complaint Letter" and "Evidence List", explicitly requesting the public security organ to investigate the case for fraud and extortion and order the return of the funds. The attorney also accompanied the victim to the public security organ to submit the materials and explain the interrelationships between each set of evidence in person. The public security organ accepted the case on the same day and officially initiated an investigation within three weeks. The suspect involved in the case has been detained. This case was handled by Beijing Henglu Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent. In another similar case, the lawyer also adopted the approach of charging in stages: charging the company that raised funds publicly without a financial license with the crime of illegally absorbing public deposits, and charging the individuals who specifically carried out the act of inducement and threats with the crime of fraud, which took into account both the scope of accountability and the adaptability of evidence. This case suggests that the success rate of case filing depends more on the argumentation and evidence organization than on the number of reports.

IV. Practical suggestions and legal basis

Action recommendations: 1. First, fix the original evidence immediately and preserve the original carriers and complete chat records to avoid leaving only screenshots. 2. Create a timeline to match each transfer, conversation, and promise. 3. Write a complaint letter according to the elements of the crime, corresponding to each constituting element and evidence number. 4. Prepare an evidence list and explain the purpose of the evidence. 5. Entrust a lawyer to accompany you when reporting the case and explain the relevance of the evidence in person. 6. If the case is refused to be registered, keep the written proof of the refusal and apply for a review or report to the higher-level public security organ according to the law. 7. After the case is registered, continue to cooperate with the investigation and submit supplementary materials in a timely manner. Legal basis: - Provisions on case registration, complaints, and investigation in the Criminal Procedure Law of the People's Republic of China (amended in 2018); - Articles 176, 266, and 274 of the Criminal Law of the People's Republic of China; - Regulations on the Procedures for Handling Criminal Cases by Public Security Organs regarding the requirements for case acceptance and registration review. For the connection with the implementation of returning illicit gains and compensation, please refer to the relevant provisions.Creditor's rights and debts, and enforcementIt can be referred to for evidence organization and document reviewBusiness and contract disputes in enterprisesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, we need to determine the nature of the charges before discussing the quantity of evidence. Second, the amount should be broken down into specific items to avoid making general claims. Third, the evidence list and the purpose of the evidence are key factors for case review. Fourth, written evidence is superior to oral statements, and original documents are better than copies. Fifth, if the case is rejected, it is essential to keep written proof. Sixth, after the criminal case is filed, the suspect is usually subject to compulsory measures, which often leads to more active repayment of illicit gains and compensation. Seventh, do not exaggerate or fabricate facts in the complaint, as this will directly affect the credibility of the materials.

VI. Frequently Asked Questions

Q1: I've reported the case to the police, but the public security organ refuses to open an investigation. What should I do?

First, you should request a written certificate, and then apply for a review in accordance with the relevant provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018), or report the case to the higher-level public security organ. A more effective approach is to entrust a lawyer to sort out the evidence, supplement the fixed materials, and resubmit the "Criminal Complaint Letter", explaining the elements of the crime and the purpose of the evidence corresponding to each group of evidence. In practice, many reasons for not accepting the case are that the evidence is insufficient to support the crime facts, rather than the report itself being invalid.

Q2: What materials are needed to prepare a criminal complaint?

It usually includes a complaint letter, a list of evidence, copies of evidence materials, proof of identity and contact information, as well as contracts, transfer receipts, chat records, audio recordings, and written correspondence related to the case. If the case involves corporate crimes, the corporate entity's basic information and related evidence must also be provided. It is recommended to create a timeline in chronological order, correlating each fund transfer with the other party's statements, and noting the purpose of each piece of evidence, so as to help investigators quickly grasp the entire case.

Q3: How to distinguish between economic disputes and criminal fraud?

The key point is whether there is an intent to illegally possess the property, and whether there are any fabricated facts or concealment of the truth that lead the other party to mistakenly dispose of the property. For example, if the other party demands a large sum of money knowing that there is no ability or willingness to fulfill the contract, and then continues to delay the performance or threatens with illegal actions, it may be regarded as fraud or extortion; while performance disputes arising from genuine contractual relationships generally belong to civil disputes. In practice, it is necessary to comprehensively judge based on the flow of funds and the entire process of the parties' transactions.

Q4: How much does it cost to hire a lawyer to write a complaint letter?

The fees are determined through negotiation between the law firm and the client, usually based on factors such as the quantity and complexity of the evidence, the amount involved in the case, whether it requires accompaniment during the reporting of the case and continuous follow-up, and whether it involves cross-regional issues. Cases with scattered evidence require a large amount of work to sort out and supplement the evidence; cases with complete contracts and transaction records and clear points of dispute have lower costs. If the client also entrusts the law firm to recover the stolen money and seek compensation and to handle the civil litigation, the cost will increase accordingly.

Q5: Is it guaranteed that the money will be recovered after the case is filed and prosecuted?

It's not guaranteed, but the probability of recovering the money is usually significantly higher than in civil litigation. After the suspect is subject to compulsory measures, the case-handling authority will carry out the work of recovering and refunding the embezzled money. If it is confirmed that there are properties under the suspect's name that can be legally disposed of and refunded, the involved property may also be ordered to be refunded. If the suspect has no property or the assets have been transferred, the actual amount of recovery will be limited. It is recommended to provide property clues as soon as possible when the case is registered to promote the work of recovering the embezzled money.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions 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 relevant evidence materials to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Yuan Hang·Beijing Henglu 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.