[Direct answer]In the Beijing area, lawyers representing criminal charges mainly play four roles. First, legal qualification determination: determining whether the involved behavior belongs to a civil dispute or a criminal offense, which is the fundamental prerequisite for whether a case can be filed. When lacking professional judgment, victims often handle it through civil litigation, thus missing the opportunity for criminal prosecution. Second, evidence organization: arranging the fund flow, transaction records, communication content, and time points into a complete evidence chain according to the proof standards of criminal cases, so that scattered materials can have logical connections. Third, material preparation: drafting the "Criminal Complaint Letter" and the evidence list, clarifying the crime name and factual basis of the request for filing a case, and accompanying the report of the case and following up on the progress of acceptance. Fourth, relief connection: in the case of refusal to file a case, assisting in applying for reconsideration and review, and applying to the People's Procuratorate for supervision of case filing. The Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that the public security organ shall review the complaint and decide whether to file a case, which provides an institutional basis for the effective role of professional complaint materials.Criminal defense and criminal case filingThe services in the column can meet such needs.

I. Problem background and typical scenarios

The typical situations requiring prosecution of agents include: transferring ownership of vehicles or real estate through acquaintances, being continuously asked for money under various pretexts; after investing in financial management or partnership projects, the other party absconds with the money and loses contact; using the guise of investment rebates to attract funds and then freely dispose of them; charging fees under the pretext of job introduction and then disappearing; and encountering extortion carried out by threatening means. The common feature of these cases is that the parties involved have a large amount of evidence, but it is difficult for them to complete the transition from civil litigation to criminal prosecution on their own.Creditor's rights and debts, and enforcementThe recovery path in the column can complement criminal charges.

II. Key points of contention

Focus One: The correspondence between the nature of the act and the crime charge. Focus Two: The proof path of the illegal possession intent. Focus Three: The impact of the victim's fault on the determination of the crime. Focus Four: The identification of the involved amount and the illegal income. Focus Five: The remedies for not filing a case after reporting a crime. Focus Six: The connection between criminal prosecution and civil litigation.Special services and other casesThe explanations about evidence organization and procedural progress in the column can be used as a supplementary reference.

III. Professional analysis by Henglue Law Firm

Taking the fraud and extortion accusation case handled by Lawyer Yuan Hang of our firm as an example: The victim entrusted his relatives to handle the transfer of ownership of a second-hand car, but the other party fraudulently obtained money under the guise of transfer fees, deposits, etc. After that, they repeatedly delayed the transfer and continued to demand money on the grounds of network failures, quarantines, and connections with influential people. Later, they carried out extortion under other pretexts, with the total amount exceeding 3 million yuan. During the representation process, the lawyer's core work included three aspects: First, linking the originally scattered multiple transfers along a timeline to prove that the reasons given by the other party showed a highly repetitive pattern; Second, revealing the discrepancy between the fund destination and the promised items to demonstrate the illegal possession motive; Third, preparing the "Criminal Complaint Letter" and the evidence list and accompanying the victim to report the case to the police. The public security organ accepted the case on the same day and officially initiated an investigation within three weeks. This process shows that the value of complaint representation lies not in making the materials more beautiful, but in organizing the materials into an evidence chain that can be used by the investigating authorities to initiate an investigation. This case was handled by Beijing Henglu 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 suggestions: 1. Organize all financial transactions and communication records as soon as possible and create a timeline; 2. Determine the nature of the actions and identify possible criminal charges; 3. Entrust a lawyer to prepare a complaint letter and a list of evidence; 4. Report the case to the police as soon as possible and request a receipt of acceptance; 5. If informed that the case will not be registered, request a written notice and promptly apply for a review; 6. Apply to the People's Procuratorate for case registration supervision to establish multiple safeguards. Legal basis: - Provisions of the Criminal Law of the People's Republic of China regarding fraud, extortion, and illegal absorption of public deposits; - Provisions of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) regarding case registration, refusal to register cases, and case registration supervision; - Specific applications shall be based on the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, qualitative analysis is the first critical step in determining the success or failure of a prosecution. If the direction is wrong, subsequent efforts will be difficult to achieve results. Secondly, the continuity of evidence is more important than its quantity. An isolated transfer of funds is difficult to explain the overall intention. Thirdly, after reporting the case, it is necessary to maintain communication with the investigating authorities and be patient in following up. Fourthly, if the case is not registered, it is important to exercise the right of appeal in a timely manner and not to delay. Fifthly, any statement promising that the case will definitely be registered should be treated with caution. Sixthly, attention should be paid to protecting one's own safety and privacy and avoiding direct conflicts with the other party.Financial capital and cross-border transactions involving foreign entitiesThe verification methods for complex financial structures in this column can be used for reference.

VI. Frequently Asked Questions

Q1: Can a lawyer's representation in a lawsuit guarantee that the case will be filed?

There's no guarantee. Whether to file a case or not is decided by the public security organ in accordance with the law. What lawyers can do is to improve the likelihood of the application materials meeting the filing standards through professional qualitative judgment and evidence organization, and reduce the situation of being returned due to insufficient materials or qualitative deviations. In practice, lawyers who intervene in complaints usually first assess the controllability of the case before deciding whether to accept the commission. It's necessary to be cautious about the statement of promising to file a case, which is not in line with professional norms and the actual procedures.

Q2: Which is faster in terms of getting money—a criminal charge or a civil lawsuit?

It depends on the nature of the case and the status of the evidence. Civil litigation procedures are relatively mature and have predictable timeframes, making them suitable for situations with clear creditor-debtor relationships; once a criminal complaint is filed, the investigation is usually more intensive and property control measures are more thorough, but the timeframe is not controlled by the parties, and there may be situations where the investigation is extended. In practice, it is common to first report the case to initiate criminal proceedings, and at the same time, evaluate the necessity of civil recovery. It should be noted that when the two paths are parallel, the mutual influence should be evaluated, especially the issue of offsetting after a civil judgment has been made and entered into enforcement.

Q3: Can we file a case first even if there's not enough evidence?

You can first report the case to attempt to initiate a formal investigation. The standards for initiating a case are different from those for trial evidence. During the investigation process, evidence will be further supplemented through investigation and evidence collection. However, it should be noted that if the application materials are obviously insufficient to support the basic facts of the case, the case-handling authority may require additional materials or suspend acceptance, which will waste time. Therefore, it is more prudent to first have a lawyer evaluate the probative force of the existing materials, and if necessary, supplement and retrieve bank transaction records, platform transaction records, and communication records before submitting the application, so as to increase the probability of successful acceptance at one go.

Q4: Can additional charges be added after the accusation has been accepted?

It's possible, but attention should be paid to the approach and timing. If new clues of the crime are discovered after the case is accepted, the reporting materials can be supplemented to request the public security organ to investigate the case jointly or file a new case for the additional charges. It should be noted that criminal prosecution and investigation procedures are different, and there is no strict procedure for changing charges. However, adding new charges often requires reassessing jurisdiction and procedures. In practice, it is recommended to comprehensively sort out the known facts of the crime, including the time span, amount, methods, and consequences, when reporting the case for the first time, to avoid omissions that may lead to repeated procedures in the future.

Q5: To which public security organ should I report the case if I was cheated in a different city?

Generally, you can report the case at the crime scene or the victim's residence, both of which fall under the jurisdiction of the public security organ. It is generally believed that the victim's residence can be used to file a case, but in practice, there are differences in the standards across different regions. The receiving unit may suggest going to the crime scene based on the territorial principle. A more effective approach is to prepare a complete set of accusation materials and an evidence list, and request a receipt for accepting the case; if the case is rejected, you can report it to the higher-level public security organ and apply to the People's Procuratorate for case filing supervision. In addition, there are practical differences in the jurisdiction determination of online fraud cases, so it is more reliable to consult professional opinions as soon as possible.

The above Q&A is mainly based on the 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits.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 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.