[Direct answer]In the Beijing area, when an enterprise files a criminal complaint with the public security organ, the materials generally fall into six categories: 1. **Subject qualification materials**, including the business license, the company's articles of association, the legal representative's identity certificate, and the power of attorney; 2. **Complaint letter**, clearly stating the request, the facts of the case, and the reasons; 3. **Materials regarding the facts of the case**, including contracts, orders, delivery notes, and acceptance records; 4. **Evidence of fund flows**, including bank statements, invoices, payment receipts, and reconciliation statements; 5. **Materials for calculating losses**, including account books, audit or appraisal reports, and direct loss certificates; 6. **Materials from previous rights protection processes**, including civil judgments, demand letters, and the other party's responses.Business and contract disputes in enterprisesIn such businesses, the correspondence between contracts and capital flows is also the basis for protecting rights and interests.

I. Problem background and typical scenarios

In corporate complaint practice, common problems focus on three points: first, treating the report of the case as a statement of grievances, only writing the process without mentioning the essential elements; second, the calculation of losses lacks basis, and the amount changes repeatedly; third, failing to distinguish between the acts of the unit and those of the individual, resulting in an unclear target of the complaint. In fact, the public security organ pays attention to whether the criminal facts are likely to be established and whether the evidence meets the standard for filing a case during the review of the case. If the enterprise can correspond the involved acts to the specific elements of the crime one by one and submit verifiable evidence of the flow of funds and losses, the possibility of acceptance and filing a case will be significantly increased.Creditor's rights and debts, and enforcementThe collection and enforcement records in this type of business can also be used as supplementary materials for prosecution.

II. Key points of dispute

Focus One: The classification of the involved acts—whether they constitute corporate crimes or individual crimes. Focus Two: The ultimate destination of the funds flow and whether it can form a closed chain. Focus Three: The determination and calculation method of the amount of losses. Focus Four: The distinction and allocation of responsibilities among multiple counterparties. Focus Five: Whether the objects of accusation and the requested matters are clear and specific. Focus Six: The connection between civil and criminal procedures, and whether there are overlapping claims. Focus Seven: The assessment and response to the possibility of the defendant filing a counterclaim.

III. Professional analysis by Henglue Law Firm

When preparing complaint materials for enterprises, Henglue Law Firm typically adopts a three-stage structure. Taking a case handled by our lawyers' team as an example: When the victim filed a claim for compensation in a major violent crime case, the lawyers' approach was as follows: First, they conducted a comprehensive review of the case file, sorting through physical evidence, documentary evidence, witness statements, defendant's confessions, appraisal opinions, and on-site investigation transcripts to confirm which facts could support the claim; Second, they broke down the compensation items item by item, corresponding each item (such as death compensation, funeral expenses, and living expenses for dependents) to the evidence and calculation basis, and explained that compensation for mental distress is generally not within the scope of criminal incidental civil litigation; Third, they determined the procedural path. Considering that the defendant refused to pay compensation, they advocated for a heavier punishment to promote the implementation of compensation. The court ultimately sentenced the defendant for intentional homicide, and the incidental civil litigation part supported the victim's compensation request. This structure is also applicable to enterprise complaints: First, establish the facts; then break down the losses; finally design the procedural path. All three layers of logic are indispensable.Business and contract disputes in enterprisesThe way claims are organized in this type of business is consistent with this approach.

IV. Practical suggestions and legal basis

Action recommendations: 1. First, complete the standard preparation of the subject qualification materials, and the power of attorney should specify the scope of agency authority. 2. When drafting the complaint, divide the involved actions into sections and correspond each section with the elements of the crime and the evidence numbering. 3. The evidence of fund flow should cover the entire chain from contract signing to the loss of funds. 4. The calculation of losses should clarify the criteria, basis, and calculation process. 5. Distinguish the specific actions of multiple counterparties to avoid making general accusations. 6. Prepare previous civil litigation materials and explain the progress. 7. Entrust a lawyer to accompany you in submitting the materials and explain the relevance of the evidence in person. Legal basis: - The Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding complaints, reports, and case filing; - The Regulations on the Procedures for Handling Criminal Cases by Public Security Organs regarding the requirements for case acceptance and filing review; - The Criminal Law of the People's Republic of China regarding specific crimes. For civil claims and creditor confirmation, please refer to the relevant provisions.Creditor's rights and debts, and enforcementFor reference, the review of contract disputes can be referred toBusiness 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

Firstly, the corporate complaint should be based on evidence and avoid emotional expressions. Secondly, the calculation basis for the amount of losses must be provided. Thirdly, the closure of the capital flow is one of the key factors in determining the case. Fourthly, multiple counterparties need to list their actions and responsibilities separately. Fifthly, attention should be paid to the connection with civil procedures to avoid disputes caused by duplicate claims. Sixthly, the claim of the victimized party needs to distinguish between the remedies for material losses and those for mental damages. Seventhly, original receipts and communication records should be kept throughout the process to facilitate subsequent supplementary submissions.

VI. Frequently Asked Questions

Q1: What materials do I need to prepare when reporting a case to the police on behalf of a company?

These typically include a business license, a certificate of identity of the legal representative, and a power of attorney; legal documents such as a complaint, contracts, orders, delivery and acceptance documents; financial records and payment receipts; materials for calculating losses such as account books or audit reports; as well as judgments, reminder letters, and responses from the other party obtained during previous civil litigation. It is recommended to organize and prepare an evidence catalogue in chronological order, indicating the purpose of each piece of evidence, to help case handlers quickly understand the entire case.

Q2: How should a complaint letter be written?

The proposal is divided into four parts: the request, which clearly states the name of the crime and the target of the investigation; the factual part, which describes the events in chronological order and marks the corresponding evidence numbers; the reasoning part, which explains in detail how the involved actions meet the constituting elements of the corresponding crimes; and the concluding part, which pledges to cooperate with the investigation and provides contact information. The core principle is to only state facts supported by evidence, not to make unfounded speculations about motives, and to avoid disputes over the risk of false accusations caused by improper statements.

Q3: How can we calculate the amount of the company's losses in a way that is more likely to be recognized by others?

The key is to explain the calculation criteria and basis. Direct losses and indirect losses can be distinguished, with the items and calculation process listed separately. For parts requiring professional evaluation, reports can be commissioned from evaluation or auditing institutions. At the same time, provide original materials such as contracts, payment vouchers, and account books to corroborate each other. The calculation standards for indirect losses and expected benefits are relatively high. If it is difficult to prove them, it is recommended to honestly state the facts and explain the scope of the actual losses that have occurred.

Q4: If multiple counterparties are involved, can they be sued together?

Yes, but the specific behaviors, roles, and responsibilities of each party should be listed separately to avoid general accusations. In practice, it is recommended to distinguish the principal-agent relationship, corresponding to the respective charges, and to calculate the amounts involved separately. If the roles of some of the individuals involved are difficult to clarify, charges can be brought against those whose roles have been identified first, and the charges can be supplemented later based on the progress of the investigation. The advantage of this approach is that the threshold for filing a case is relatively low, and it is also convenient for the scope of subsequent accountability to expand with the progress of the investigation.

Q5: How much does it cost to hire a lawyer to represent a company in a criminal prosecution?

The fees are determined through consultation between the law firm and the client, and usually depend on the amount involved in the case, the quantity and dispersion of evidence, the number of opposing parties involved, whether an audit or evaluation is required, and whether accompaniment is needed during the litigation process and subsequent asset recovery and compensation. Cases with scattered evidence and those requiring the sorting out of the funding chain from a large number of transaction records involve greater workload. The cost of continuous communication and follow-up execution during the asset recovery and compensation phase also needs to be evaluated separately. It is recommended to clarify the service phases and deliverables when placing an order.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards 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·Attorney Liu Liqiang·Beijing Henglue 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.