[Direct answer]In the Beijing area, what are the criminal risks involved in tendering and bidding? This is a practical issue of widespread concern among stakeholders. According to the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) and the Criminal Law of the People's Republic of China, handling such matters requires grasping the core elements and evidence, and asserting rights in accordance with the law. Whether favorable outcomes can be achieved depends on the clarity of the facts, the sufficiency of evidence, and the choice of procedures, rather than the promise of results. It is recommended to sort out materials and fix key evidence as soon as possible, and to formulate a plan with the assistance of professional lawyers to avoid losing rights due to exceeding the statutory time limit or insufficient evidence. For more details, please refer to the following link:Criminal defense legal services.

I. Problem Background and Typical Scenarios

What are the criminal risks involved in tendering and bidding? Such requirements are also quite common in the Beijing area. When handling these matters, both substantive rights and procedural choices are involved. Taking this into account,Criminal case filing legal servicesBased on practical experience, it is recommended that the parties first clarify their legal relationships before deciding on the path of protecting their rights or negotiating with each other.

II. Key points of contention

The core disputes in criminal cases often focus on three points: first, the characterization of the act—whether the charge is established and the boundaries between this crime and that crime; second, the sentencing circumstances—whether the defendant surrenders voluntarily, confesses, is an accomplice, admits guilt and accepts the punishment, or returns the illicit gains and compensates for the losses; third, the necessity of coercive measures—whether the defendant meets the conditions for bail pending trial and whether there is a social danger. Each point is related to the final sentence.

III. Professional analysis by Hengluo Lawyers

Based on a related case handled by our firm, it can be seen that this case is a criminal incidental civil action case of intentional homicide. On June 16, 2024, after a dispute with Zhao Gang and others at the mixing station, the defendant, Zhang Daqiang, accelerated his car and hit the laboratory, resulting in the death of Zhao Gang on the spot and the injuries of Zhang Bin and Li Yuanzheng. The wife of the victim, Zhao Gang, entrusted Liu Liqiang, a lawyer from Beijing Henglu Law Firm, to represent her in the incidental civil action. Through in-depth review of the case file and focusing on the evidence, the lawyer refuted the defendant's defense arguments about subjective intent, voluntary surrender, the victim's fault, and the nature of the crime, and argued that it should be defined as intentional homicide and punished severely. The core disputes are: whether driving a car to kill someone should be defined as intentional homicide or endangering public safety by dangerous methods; whether voluntary surrender is established. Applicable laws: Article 232 of the Criminal Law of the People's Republic of China and relevant provisions of the Criminal Procedure Law of the People's Republic of China. The court ultimately adopted the lawyer's opinion and sentenced Zhang Daqiang to death for intentional homicide. Henglu Law Firm advises that in handling such cases, it is necessary to focus on the core points and organize evidence and legal arguments around the disputed issues. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis mainly includes the provisions of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) regarding defense and agency, coercive measures (Article 67 on bail pending trial), leniency for pleading guilty and accepting punishment (Article 15), and evidence rules; in terms of substantive law, it applies to the corresponding crimes and sentencing rules in the special provisions of the Criminal Law of the People's Republic of China, as well as relevant judicial interpretations. Practical suggestions: Suspects or defendants should engage lawyers to meet with them and understand the case as early as possible during the investigation stage; submit applications for bail pending trial in time if they meet the conditions; grasp the scope of leniency in cases of pleading guilty and accepting punishment; and the victims can file ancillary civil actions to claim compensation for material losses in accordance with the law. For property-related crimes, they can combine with other legal provisions to determine the scope of compensation.Creditor-debtor relations and enforcement case servicesRecovery of compensation.

5. Hengluo Law Firm's Reminder

In criminal cases, time is of the essence. There are three key points: First, the suspect should hire a lawyer to meet with them as soon as possible after being subject to compulsory measures, and submit bail applications or legal opinions; Second, they should give truthful statements and avoid changing their testimony repeatedly; Third, they should actively return the illegal proceeds and compensation to seek lenient punishment. Never believe in promises of connections, and rely on facts and laws for defense. If you need professional support, you can seek help from professionals.Special services and other case-related servicesThe docking team.

In criminal cases, families can focus on three key matters during the critical period: immediately appoint a lawyer to meet with the suspect after receiving detention or arrest notifications, and understand the suspected charges and case details; cooperate with the lawyer to verify the threshold for criminal charges, subjective intent, and role in the crime, and provide truthful statements to avoid retracting and repeating statements; for those who meet the conditions for bail pending trial, promptly submit applications and legal opinions. At the same time, they should collect evidence to prove mitigating circumstances, such as voluntary surrender, confession, accomplice status, plea of guilty and punishment, and return of illicit gains and compensation. Never believe in so-called "connections" or promises, nor engage in private transactions with case-handling units. Fixing and submitting mitigating circumstances as early as possible often has a greater impact on coercive measures and sentencing outcomes than remedying the situation afterwards. In practice, the 30-day period after criminal detention is a critical window for securing non-arrest or bail. Defence strategies should focus on social dangerousness and evidence weaknesses, and the best intervention opportunities should not be missed.

VI. Frequently Asked Questions

Q1: If a bidder is suspected of colluding in bidding and is placed under investigation, is there still a chance of being granted bail?

There is room for discretion, with the focus on assessing the potential social danger posed by the suspect. According to Article 67 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), if the suspect is likely to be sentenced to a relatively light punishment and there is no risk of causing social danger if they are granted bail pending trial, bail may be granted. Bid-rigging and bid-fixing, among other bidding-related crimes, are typically classified as economic crimes. Suspects in these cases usually have fixed residences and employment units, and the evidence is primarily documentary evidence, so the assessment of their personal danger is generally low. Family members should hire a lawyer as soon as possible to meet with the suspect and submit applications, while explaining the project background and the suspect's appearance at the police station. Lawyers are not allowed to guarantee victory, but submitting opinions on bail and refusal to approve bail before the decision on arrest is made often directly affects the direction of the coercive measures.

Q2: What types of bidding documents should be submitted during the investigation phase of a collusive bidding case?

The materials focus on the bidding process itself: first, the tender announcement, bidding documents, and records of bid preparation; second, proof of payment of the bid deposit and account transaction records; third, emails and meeting minutes exchanged with the tenderer and cooperation partners; fourth, the identity of the project manager and authorization documents. These materials are used to determine whether there are situations such as collusive bidding and bidding with borrowed qualifications, and can also help lawyers verify the threshold for criminal prosecution. The company should designate a dedicated person to file and submit these materials. During the investigation, any alteration of the original data is prohibited, otherwise the company may be deemed to have obstructed the investigation and face more unfavorable evaluations.

Q3: How should the fees for criminal defense in bidding and tendering be divided and agreed upon in stages?

According to the "Measures for the Administration of Lawyers' Service Fees" (implemented on April 1, 2007), the fees for criminal defense are determined and stipulated in a written contract between the law firm and the client within the scope of consultation. The common practice is to sign contracts for each of the three stages of investigation, review of prosecution, and trial, and to pay fees in stages, with each stage specifying the work content and amount. It can also be packaged as a whole and accompanied by milestone arrangements. Note that risk-based fees are not allowed in criminal cases according to law. Any quotations based on the outcome of the judgment are considered illegal. Before signing the contract, it is also necessary to confirm whether travel expenses and the number of meetings will be charged separately, to prevent prices from being increased repeatedly during the process.

Q4: What is the maximum length of time for investigation and detention in cases involving bidding and tendering-related crimes?

According to the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the investigation and detention period after arrest generally shall not exceed two months. Where there are multiple bidders or multiple bidding sections involved, or the case is complex, the period may be extended; the review and prosecution stage lasts about one and a half months, and the return for supplementary investigation shall be limited to two times, each lasting one month; the first-instance ordinary procedure shall pronounce the judgment within two months after accepting the case. Based on this, it can be estimated that the bidding-related cases are generally completed within several months from the filing to the first-instance judgment. Families can check the progress of the case against the above-mentioned timeline, and when the case is delayed for a long time, they can promptly ask lawyers to inquire about the situation from the case-handling authorities.

Q5: On the day the family member receives the detention notice, which three materials should they prepare first?

First, the original detention notice, noting the detention facility, the suspected crime, and the investigating unit; Second, the detainee's identity certificate and kinship materials, which are used to handle the procedures for entrusting a lawyer to defend them; Third, the contracts, bidding documents, and payment records of the tender projects involved in the case, which are used for comparison during the lawyer's first meeting. After preparing all the materials, entrust a lawyer to meet with the detainee as soon as possible. The 30-day period after criminal detention is a golden window for striving not to approve the arrest and obtain bail. If this period is missed, once the decision to approve the arrest is made, the difficulty of changing the coercive measures will increase significantly, and the space for defense will also be narrowed.

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 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 a dispute arises, please consult a practicing lawyer in a timely manner.