[Direct answer]In the Beijing area, we should respond according to different stages: in the initial investigation stage, conduct low-key self-inspections and avoid alerting others; in the interview stage, provide truthful statements but avoid speculations or overstepping boundaries, and inform lawyers of the interview content as soon as possible; in the summons and interrogation stage, maintain the quality of the first statement and appoint lawyers to meet with them; in the search and seizure stage, cooperate with the procedures but check the inventory and retain the evidence; after personal freedom is restricted, lawyers will take over all external communication. The core disciplines are: not destroying data, not adjusting statements, and not making panicked statements.

1. Problem background and typical scenarios

The signal chain of executives being investigated is often overlooked: tax inspections, repeated requests from investors to audit accounts, internal employee reports, and suppliers being implicated in investigations. Most executives already receive one or two warnings before a formal case is filed, and the gap in the quality of their responses widens at this time. If handled properly, the case stops at the initial investigation or administrative handling; if handled improperly, a hasty statement can incriminate themselves in the evidence file.

II. Key points of contention

First, confidentiality and self-inspection during the initial investigation stage. The initial investigation is not public, and executives should control the scope of information disclosure during this period to avoid triggering the secondary risks of "colluding to fabricate evidence" and "destroying evidence". Second, the boundaries of statements during interviews and interrogations. It is an obligation to provide truthful statements, but one should not speculate or extrapolate about facts that are not known or cannot be remembered. Statements made during the first interview will be repeatedly referenced. Third, the separation of responsibilities between units and individuals. The determination of responsibility attribution relies on evidence, such as corporate decision-making procedures and the definition of individual authority scopes. Fourth, information management for family members and the company. Maintain a consistent narrative internally and externally. At the corporate level, authorized personnel should handle all communications to avoid multiple spokespersons issuing conflicting statements.

III. Professional analysis by Henglue Lawyers

This case is handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (Practice License No.: 11101200910454358, subject to the document issued by the judicial administrative authority): Agent. A detailed breakdown of the response points at each stage of the investigation. **Preliminary Investigation and Early Warning Stage**: After the emergence of signals such as inspections, reports, or inquiries, two key actions should be taken: 1. Conduct a confidential self-audit of high-risk business lines (fund flows, decision-making documents, and approval chains) with the assistance of lawyers to assess potential criminal charges and personal liabilities. 2. Freeze sensitive actions: Do not destroy any data, delete emails in bulk, or transfer funds abnormally. Any attempt to "clean up the scene" could be construed as evidence destruction, turning a defensible case into an indefensible one. **Interrogation Stage**: Regulatory interviews and public security interrogations are two distinct procedures. Both involve recorded statements, and three principles should be followed during questioning: - Only speak about personal experiences and directly verifiable facts. - Clarify unclear matters but avoid speculating about others' motives, attributing guilt to others, or proactively expanding topics. - Avoid bringing written materials to court hearings, as these may also become evidence. **Interrogation and Coercive Measures Stage**: - Legal limits apply to the duration of interrogations, and clients have the right to hire lawyers. - Family members should immediately appoint defense lawyers after coercive measures are taken. The first meeting should assess the full case situation and provide rights notifications, with all subsequent communications handled through lawyers. - Verify the consistency of search/seizure/freeze orders with actual items, retain copies of lists, and challenge procedural flaws (e.g., unauthorized searches or over-seizures) through lawyers. - Cooperate with the seizure of company servers and financial systems, ensuring legal data backups in advance. **Parallel Management of Company and Family Affairs**: - Appoint authorized spokespersons to liaise with investigative authorities. - Maintain business continuity and employee stability. - Implement temporary delegation of powers for implicated executives through written procedures. - Clarify boundaries between family and company accounts. Three key disciplines throughout the process: - Do not destroy data (irreversible and unlawful). - Maintain consistent statements (interrogation records are common evidence). - Do not bribe witnesses (preserving defense space for new charges). Universal experience from criminal defense cases: - The case's outcome often hinges on the quality of initial interrogation statements and the timeliness of lawyer involvement. Subsequent actions build upon this foundation. - In Beijing, authorities adhere to procedural norms: ensuring legal compliance, documenting all actions, and using professional channels, which maximizes executives' defense space.

IV. Practical suggestions and legal basis

The first step is to conduct a self-inspection of the signals: After the warning appears, conduct a self-inspection of high-risk businesses to assess potential liabilities. The second step is to adhere to disciplinary norms: Only state facts based on personal experience, refrain from speculation or extrapolation, and maintain a record for future reference. The third step is to involve lawyers early: Establish a legal counsel channel before interviews and arrange a meeting with lawyers immediately after coercive measures are taken. The fourth step is to implement dual-track management: Authorize a company spokesperson to handle all external communications and maintain a consistent family-level narrative. Main legal basis: Article 34 (Appointment of Defense Counsel), Article 119 (Summoning and Interrogation), and Article 141 (Seizure and Impoundment) of the Criminal Procedure Law of the People's Republic of China (amended in 2018); provisions of the Supervision Law regarding detention and investigation procedures; specific applications shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

The response of executives under investigation is a test of "procedural discipline": avoiding the three fatal questions of destruction of evidence, collusion, and panic statements, and ensuring the quality of statements, the speed of lawyers, and the division of responsibilities between internal and external parties. If these three scoring questions are handled properly, there will be room for defense in the case. The real risk has never been the investigation itself, but the wrong way of responding to the investigation. Those involved in responding to criminal investigations and criminal defense can seek assistance through legal channels.Criminal defense and criminal case filingFor a comprehensive solution to your service needs involving corporate compliance and commercial disputes, you may refer to the following resources for reference.Business and contract disputes in enterprisesFor reference, you can check the sections related to tax and financing risk reviews\nFinancial capital and cross-border transactions involving foreign entities.The slides, which involve the emergency response plans during the investigation period, can be combined togetherSpecialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: Can I bring a lawyer with me during the interview?

During regulatory interviews, lawyers can usually accompany or consult with the interviewees. In criminal interrogations, the interviewees have the right to appoint a defense attorney.

Q2: What should I do if the company's server is shut down?

Co-operate with the program and check the list, confirm the data backup path within the legal scope, and submit any program-related objections to the lawyer for review.

Q3: What should I pay attention to during the first interrogation?

Provide a truthful account of the facts you have witnessed. If you cannot remember certain details, state that you cannot recall them. Do not speculate or elaborate on the facts, and exercise your right to provide testimony in accordance with the law.

Q4: How should the company explain this to the outside world?

Authorized spokespersons shall speak in a unified manner, only stating objective facts, not making judgments on the case, and avoiding affecting securities and contractual obligations.

Q5: How should salaries and equity be handled during the investigation period?

The transfer of authority can be done in writing on an ad hoc basis. The arrangements for equity and compensation shall be handled in accordance with the company's articles of association and contracts, which will not affect the defense.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

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

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute formal legal advice for 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 a timely manner.