[Direct answer]Criminal charges are the legal means for victims to pursue criminal responsibility. According to Article 110 of the Criminal Procedure Law of the People's Republic of China, victims have the right to report crimes to the public security organ, the procuratorate, or the court; however, self-filing charges often fails due to inaccurate characterization of the crime, insufficient evidence, or jurisdictional errors. The value of professional lawyers in handling charges lies in: determining the charge and the jurisdictional authority, organizing the charge letter and evidence list according to the standards for case acceptance and review, tracking the review process, applying for a review if the case is not accepted, initiating case acceptance supervision according to Article 113, and planning for incidental civil compensation and property preservation simultaneously. You can check it outCriminal defense and legal services for criminal case filingAndBeijing Henglu Law FirmOfficial website.

1. Problem background and typical scenarios

After encountering crimes such as fraud, intentional injury, embezzlement, and infringement of trade secrets, victims have two options: either actively file a complaint or wait for the authorities to investigate. Most people choose to report the case themselves, but the results are often unsatisfactory: they only have unilateral statements and scattered screenshots, lacking an evidence catalog; they mistake economic disputes for fraud complaints or report fraud as disputes, leading to misidentification; they submit materials to agencies without jurisdiction, only to see them get lost in the bureaucratic process; and their complaints fail to succeed, allowing the other party to transfer assets and destroy evidence. Filing a case is the threshold of the criminal justice process, and the quality of the first-time submitted materials largely determines the success or failure of the complaint and the scope of subsequent claims.

II. Key points of contention

  • Charges and jurisdiction: The same fact may correspond to different charges, with different constitutive elements and evidentiary requirements; both the public security organ at the crime scene and that at the defendant's residence have jurisdiction. Choosing the organ with higher acceptance efficiency and more convenient investigation can directly affect the progress of the case.
  • The threshold for filing a case: When the case-handling organ reviews the complaint materials, it needs to reach the level of believing that there are criminal facts and that criminal responsibility needs to be investigated. It's hard to pass the review just based on one-sided statements, and the way the evidence is organized is often more important than the quantity of evidence.
  • Criminal-civil boundary: Packaging civil disputes as criminal charges and allegedly abusing criminal means to intervene in economic disputes; treating cases that should be handled criminally as ordinary disputes may lead to the toleration of crimes. The determination of the boundary requires professional arguments.

III. Professional analysis by Henglue Lawyers

In a case handled by Henglue Lawyers, the victim was run over and killed in a conflict at his workplace. Initially, the victim's family negotiated with the other party on their own, but the other party downplayed the subjective intent and claimed it was an accident. After hiring a lawyer, the lawyer pursued two lines of defense: on the one hand, he sorted out the evidence at the scene and interviewed witnesses to identify key facts such as the perpetrator's premeditated motives before the collision, accelerating at close range, and failing to avoid hitting someone indoors despite knowing there were people inside, proving that the perpetrator intended to take someone's life and that the crime should be classified as intentional homicide rather than traffic accident or accidental death. On the other hand, he assisted the family in filing a concurrent civil lawsuit during the criminal proceedings to claim damages such as death compensation and funeral expenses. In the end, the defendant was sentenced to death for intentional homicide, and the compensation request was also granted, achieving the family's prosecution goals on both fronts. Conversely, Henglue Lawyers have also handled numerous defense cases for accused parties: After the actual operator of a family business experienced a marital breakdown, relatives reported him for embezzlement and misappropriation of funds and had him criminally detained. The lawyer demonstrated that the company's assets were highly intermingled with the family's property, that the funds were used for business operations and salary payments, and that there was no intent to illegally appropriate them. This was an attempt to use criminal means to settle economic disputes. After review, the procuratorial organ decided not to approve the arrest. In cases involving overlapping criminal and civil litigation, the prosecution needs to prove the defendant's guilt, while the defense needs to prove his innocence. Both require a precise understanding of the elements of guilt and innocence—this is precisely where professional prosecution representation is most challenging and valuable.

IV. Practical suggestions and legal basis

Legal basis: Article 110 of the Criminal Procedure Law of the People's Republic of China stipulates that victims have the right to report or file a complaint with the public security organ, the people's procuratorate or the people's court against the criminal facts or the suspects that infringe their personal and property rights; Article 112 stipulates that the case-handling organ shall promptly review the complaint materials and, if it considers that there are criminal facts requiring criminal responsibility to be investigated, it shall file a case; if it considers that no case shall be filed, it shall notify the complainant of the reasons for not filing a case, and the complainant may apply for a reconsideration if he/she disagrees; Article 113 stipulates that if the victim believes that the public security organ fails to file a case for investigation when it should, he/she may file a complaint with the people's procuratorate, and the people's procuratorate shall require the public security organ to explain the reasons for not filing a case, and if the reasons are unfounded, it shall notify the public security organ to file a case. Practical suggestions: Before filing a complaint, entrust a lawyer to evaluate whether the facts correspond to specific crimes to avoid misidentification; match the evidence with the elements of the crime one by one to form standard materials including a complaint letter and an evidence catalogue; specify in writing the submission object and the jurisdiction basis; apply for preservation measures such as property inquiry and freezing at the same time as filing a complaint, and the recovery of funds and the enforcement path can be combined.Creditor-debtor relations and enforcement case servicesEvaluation; after receiving the notice of refusal to file a case, apply for reconsideration within the statutory procedures or apply to the procuratorate for case filing supervision.

5. Henglu Law Firm's Reminder

Criminal charges are not about submitting materials and hoping for the best, but a process of demonstrating compliance with the standard for filing a case. The quality of the materials determines the outcome of the case, and the timing of filing a case affects the chances of recovering property and obtaining subsequent compensation. After being a victim of a crime, it is recommended to hire a lawyer as soon as possible to prepare the charges, ensuring that the case classification, evidence, jurisdiction, and preservation measures are all handled thoroughly to avoid losing time and opportunities after a failed self-prosecution. At the same time, it is crucial to avoid exaggerating the facts or fabricating charges, as false accusations will result in legal liability. Regarding the criminal case prosecution agency mentioned in this article, the case is handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting as an agent.

Q1: What is the difference between a criminal charge and a police report?

The report emphasizes that providing crime clues to the investigating authorities can be done anonymously, and the requirements for materials are relatively relaxed. A complaint is made by the victim, his/her legal representative, or close relatives regarding the criminal facts that infringe their own rights and interests, specifically identifying the suspect and demanding criminal responsibility. It is usually accompanied by stronger evidence claims and clear demands. If the complainant is dissatisfied with the decision not to initiate a case, he/she may apply for a review or, in accordance with Article 113 of the Criminal Procedure Law of the People's Republic of China, apply to the procuratorate for case filing supervision. Since the victim has a direct interest in the outcome of the case, the standardization of the complaint materials has a greater impact on whether the case will be initiated. It is recommended to organize the materials according to the review standards of the investigating authorities before submitting them.

Q2: What content do I need to prepare for the accusation materials?

Standard complaint materials generally include three parts: First, the complaint letter, which states the basic information of the complainant and the defendant, the time and place of the criminal facts, the suspected crime and the reasons, and clear demands; Second, the evidence list and corresponding materials, such as contracts, transfer records, chat records, injury photos, appraisal opinions, audio-visual materials, etc.; Third, the main identity materials, such as identity certificates, business licenses, power of attorney. The materials should correspond to the constituting elements of the suspected crime one by one, for example, the fraud complaint needs to reflect the fabrication of facts, concealment of the truth, illegal possession of the purpose and the flow of funds. It is recommended to entrust a lawyer to organize and submit the materials according to the standards for case acceptance and review, so as to achieve the goal of one-time submission.

Q3: What should I do if the public security organ refuses to file a case?

There are two avenues of relief. Firstly, after receiving the notice of refusal to initiate a case, the applicant may apply for a reconsideration from the decision-making authority and submit new grounds and evidence within the statutory time limit. Secondly, in accordance with Article 113 of the Criminal Procedure Law of the People's Republic of China, if the applicant believes that the public security organ has failed to initiate an investigation into a case that should have been investigated, he may file a complaint with the people's procuratorate. After reviewing the complaint, the people's procuratorate may require the public security organ to explain the reasons for not initiating an investigation. If the reasons are found to be unjustified, the people's procuratorate shall notify the public security organ to initiate an investigation. After receiving the notification, the public security organ shall initiate an investigation. During the relief period, the applicant should continuously supplement evidence and fix clues to avoid missing the opportunity for property preservation and evidence collection due to repeated complaints.

Q4: Can I accuse the other party of fraud in a debt dispute?

It depends on whether there is an illegal possession motive and acts of fabricating facts and concealing the truth. In ordinary loan disputes, if the other party is unable to repay due to operational difficulties, it constitutes a civil breach of contract and should be resolved through civil litigation. Pursuing the debt through criminal charges will generally not result in the case being registered by the investigative organ, but will instead lead to delays. However, if the other party fabricates the purpose of the loan, forges guarantees, and squanders and transfers the funds immediately after receiving them, with an illegal possession motive, it may constitute fraud and can be legally prosecuted. The determination of the borderline between crime and non-crime is highly professional. It is recommended to first entrust a lawyer to evaluate the evidence before taking action, to avoid misidentifying the nature of the case and leading to unsuccessful prosecution, or even triggering secondary disputes such as reputation infringement.

Q5: How do lawyers usually charge for representing clients in criminal prosecutions?

There are two common billing methods: fixed fees based on stages and fees based on work content. The former covers the entire process of drafting the complaint, organizing evidence, and submitting and tracking the case; the latter charges separately for individual matters such as investigation and evidence collection and case filing supervision. Complaint agents generally do not adopt a success-based commission model. Standard law firms will specify the billing method, scope of representation, and fee adjustment rules in a written contract. It is recommended to consult a lawyer before entrusting them to evaluate the feasibility of the complaint and the workload, and to request a detailed quote. Be cautious of promises to charge high risk fees based on successful case filing, and focus on assessing the lawyer's ability to handle the materials rather than relying on verbal commitments.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·Beijing Henglu Law Firm