[Direct answer]In the Beijing area, whether a criminal complaint can be filed hinges not on the act of reporting the case itself, but on whether the evidence can support the conclusion of the case review that "there are criminal facts requiring criminal prosecution". According to Article 110 of the Criminal Procedure Law of the People's Republic of China (amended for the third time on October 26, 2018), victims have the right to report or file a complaint with the public security organ against crimes that infringe their personal and property rights, and the judicial organ shall accept it. Article 112 stipulates that the case-accepting organ shall promptly review the case. If the case is not filed, the reason shall be notified to the complainant, who may apply for reconsideration. Lawyers collect evidence along three main lines: evidence of fabricating facts or threatening and coercing others, evidence of victims falling into mistaken beliefs and disposing of their property, and evidence of the whereabouts of funds and the purpose of illegal possession. It is recommended that victims immediately preserve the original evidence after being deceived, entrust a lawyer to draft a "Criminal Complaint Letter" and accompany them to report the case. For professional support, please refer to the following link:Criminal defense and criminal case filing services.

I. Problem Background and Typical Scenarios

"Why can't a case be filed even after reporting the crime?" This is the most common confusion among victims. Typical scenarios include: acquaintances cheating money under the guise of loans or cooperation and then disappearing; being extorted for transfer fees, deposits, settlement fees, etc. during transactions; investment and financial management platforms illegally accepting deposits and then absconding; being blackmailed by others with compromising materials. Many victims only have oral statements and a few transfer records when reporting the crime themselves, with scattered and disorganized evidence. It's difficult for law enforcement agencies to determine whether the act constitutes a crime or not, and they often refuse to file a case on the grounds of economic disputes. Systematic organization of evidence is the core work of criminal litigation lawyers.

II. Key points of dispute

Firstly, the criminal-civil boundary: Whether there is an illegal possession purpose, whether to fabricate facts or conceal the truth, is the dividing line between fraud and economic disputes and civil fraud, which directly determines whether a case can be filed. Secondly, the completeness of the evidence chain: A single transfer or isolated chat is not enough to prove the crime. It is necessary to form a closed loop of "fabricating facts - falling into error - disposing of property - where the funds go". Thirdly, the charge and jurisdiction: The constitutive elements of fraud, extortion, and illegal absorption of public deposits are different, and the choice of reporting organ also affects the efficiency of case filing. Fourthly, relief connection: Review after refusal to file a case and applying to the procuratorial organ for case filing supervision are the legal paths to promote case filing. Strategic evaluation can be assisted byA professional team for criminal defense.

III. Professional analysis by Hengluo Lawyers

Attorney Liu Liqiang of Hengluo Law Firm once represented a fraud-related criminal case from start to finish: Between 2020 and 2021, the defendant S * used feudal superstition as a means to fabricate facts such as the victim's spouse having an affair, and defrauded Z * of over 2.5 million yuan and L * of 500,000 yuan, totaling 3.9 million yuan, which was used for personal extravagance. The attorney communicated with the victims multiple times about the case, guided them to cooperate with the public security organ's investigation, and contacted other victims to collect evidence. In the court trial, he refuted the defense argument that "they were partners in business and did not defraud money" one by one. The court determined that S * defrauded property with the purpose of illegal possession and the amount was particularly large, and sentenced him to fixed-term imprisonment of thirteen years for fraud, and imposed a fine of 130,000 yuan and deprived him of political rights for three years. At the same time, the court ordered him to refund the illegal income and seize the property to return to the victims. This case was handled by Beijing Hengluo Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ): Agent. The two prosecution cases handled by Yuan Hang, a lawyer at Hengluo Law Firm, are also typical: Yang Hua in Tianjin was defrauded and extorted of more than 3.12 million yuan by his relatives under the guise of transfer fees, deposits, and settlement fees. The lawyer sorted through massive transfer records and chat logs, drafted the "Criminal Complaint Letter" and "Evidence List", and accompanied the victim to report the case. The public security organ accepted the case on the same day and initiated an investigation within three weeks, with the suspect being detained. Liu Dashan invested more than 500,000 yuan in a financial product company that lacked a financial license and illegally absorbed deposits exceeding 190 million yuan. The lawyer organized four categories of evidence, including identity, contracts, fund flows, and company information, to prove the four elements of illegal deposit absorption, prompting the county public security bureau to initiate an investigation and issue an official announcement.

IV. Practical suggestions and legal basis

The legal basis is Article 110 of the Criminal Procedure Law of the People's Republic of China (amended and implemented for the third time on October 26, 2018) (rights to report and file a complaint, and acceptance of complaints), Article 111 (oral or written submission and safety guarantees), and Article 112 (case filing review, notification of non-filing, and reconsideration); Article 266 of the Criminal Law of the People's Republic of China (fraud), Article 274 (extortion), and Article 176 (illegal absorption of public deposits); and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Fraud Criminal Cases (Law Interpretation [2011] No. 7, implemented on April 8, 2011), which stipulates that the value of fraudulent public and private property of more than 3,000 yuan but not exceeding 10,000 yuan is considered a relatively large amount, more than 30,000 yuan but not exceeding 100,000 yuan is considered a huge amount, and more than 500,000 yuan is considered an especially huge amount. Practical suggestions: First, secure the original evidence such as chat records and transfer certificates, and notarize them if necessary; organize the fund flow according to the timeline; list the identity information of the accused; submit a written "Criminal Complaint" with an evidence list; request a receipt for case acceptance; and, if the case is not accepted, apply for a reconsideration or report it to the procuratorial organ according to the law. The complaint plan can be combined with the following aspects:Criminal defense and criminal case filing servicesDevelop.

5. Henglu Law Firm's Reminder

After discovering that you've been scammed, time is evidence. The first step is to immediately secure evidence: don't delete chat records, print transfer receipts, and collect the other party's identity and account information. Never attempt to settle the matter privately with the other party before securing evidence, as this may lead to missing the opportunity to preserve evidence. Also, don't threaten the other party to recover money, as this may subject you to charges of extortion. The reporting materials should be organized around the sequence of "fabricating facts - falling into a trap - disposing of property - where the funds went". If the police decide not to file a case, you should promptly apply for a review after receiving the notice, or apply to the procuratorial organ for case filing supervision. The earlier you hire a professional lawyer, the greater the scope for strengthening evidence and proving the charges.

VI. Frequently Asked Questions

Q1: After reporting the case to the police, if they decide not to open an investigation, is it still useful to hire a lawyer?

It's useful. Most cases are not registered because the evidence fails to meet the standards for case review, rather than because the case definitely does not constitute a crime. Lawyers can do three things: check whether the reasons for not registering a case are valid according to Article 112 of the Criminal Procedure Law; supplement and fix evidence according to the elements of a crime, and organize scattered materials into a complete chain of accusation; and apply for review or request the procuratorial organ to supervise the registration of the case. In the aforementioned fraud and extortion case involving more than 3.12 million yuan, the victim consulted multiple law firms and was advised to pursue civil litigation. After the lawyer intervened and accompanied the victim to report the case, the public security organ accepted the report on the same day and registered the case within three weeks, and the suspect was detained. The choice of the timing of accusation and the way of organizing evidence directly affect whether a case can be registered.

Q2: After being scammed, what evidence do I need to prepare when reporting the case to the police?

The core evidence can be divided into four categories: 1. Evidence of deceptive behavior, including chat records, call recordings, written promises, and false promotional materials, to prove that the other party fabricated facts or concealed the truth. 2. Evidence of property disposition, such as bank and third-party payment transfer receipts, contracts, and receipts, to verify the payment amount and its flow. 3. Evidence of mistaken understanding, including self-interrogation records and conversations with the other party about promised returns or facts, to support the claim that the victim was deceived into making payments. 4. Evidence of the other party's identity and funds' destination, including ID card numbers, account information, and clues to the flow of funds. In addition, it is recommended to prepare case acceptance receipts and police reports. The evidence should be arranged and numbered chronologically to form an "Evidence List", which will facilitate the review by the investigating authorities.

Q3: How is the fee calculated for hiring a lawyer to file a criminal complaint?

There is no unified government pricing for criminal defense attorney fees. Law firms determine the fees based on factors such as the evidence review workload, the prosecution stage (reporting the case, review, and supervision of case filing), and whether the attorney accompanies the client to report the case. Fees are typically charged on a per-stage basis, and the scope of services and deliverables are specified in the contract. For cases with particularly voluminous evidence materials, fees may be adjusted accordingly based on the review workload. It is recommended to clarify the following before signing a contract: whether the fees include accompanying the client to report the case, whether review and supervision procedures are charged separately, and how travel expenses will be settled. Additionally, it is necessary to request the law firm to issue a fee invoice. Be cautious of fee promises that guarantee case filing, as the decision on whether to file a case is ultimately determined by the case-handling authorities in accordance with the law.

Q4: How long does it usually take from filing a complaint to initiating a criminal case?

The law has principled requirements for the time limit for case filing review: Article 112 of the Criminal Procedure Law stipulates that the case-receiving organ shall promptly review the case according to its jurisdiction. In practice, if the materials are complete and the facts are clear, the case may be accepted on the same day, and a decision on whether to file a case will be made within a few days to weeks; the aforementioned case involving more than 3.12 million yuan took less than three weeks from the submission of the complaint letter to the formal filing of the case. If the case is complex and requires verification of the fund flow, the review time will be extended. If the materials are not complete and the applicant is required to supplement them, the time will be correspondingly prolonged. Therefore, the more comprehensive the evidence organization is before the complaint, the more controllable the case filing process will be; for cases that are delayed for a long time without being filed, the review and filing supervision procedures can be used to promote the progress.

Q5: After discovering that you've been scammed, what should you do first?

Here are the four steps recommended: 1. Immediately preserve evidence by exporting chat records and call logs, printing transfer receipts, and saving the other party's account and identity information. For important materials, consider notarization and never delete them or just keep screenshots. 2. Organize the timeline by categorizing the events and each financial transaction according to the sequence of "getting to know each other - being deceived - making payments - the other party going missing or refusing to repay". 3. Report the case to the competent public security organ with supporting materials, request a case acceptance receipt, and submit written accusation materials along with an evidence list. 4. If the case is not accepted or filed, promptly hire a lawyer to review the reasons, supplement evidence, apply for a review, or request the procuratorial organ to supervise the case filing. It is crucial to avoid settling the matter privately, delaying action, or taking extreme measures to recover funds on your own.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or 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 evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·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.