[Direct answer]In the Beijing area, a calm response and four steps are needed to establish two lines of defense — the first step is to verify the nature of the documents (whether they are notice of filing a case, summons notices, or lists of seizures and freezes), the second step is to seal and preserve the company's evidence and data (strictly prohibiting deletion or modification), the third step is to appoint a liaison and involve a lawyer, distinguishing between corporate and individual mandates, and the fourth step is to verify the procedures against the lists of seizures and freezes, and separate legitimate assets. Filing a case does not equal a conviction. Only when the two lines of "procedural cooperation" and "substantive defense" are established simultaneously will the company gain the initiative.

I. Problem background and typical scenarios

A notice of filing a case was sent to the company: it might be a fraud report from the contractual counterparty, an accusation of embezzlement by an employee, or a concentrated crackdown on tax evasion, false invoicing, and illegal fundraising — employees were taken away for questioning, accounts were frozen, and offices were searched, causing management to panic instantly. The most costly mistakes in times of panic include deleting data, privately contacting investigators, and making inconsistent statements, which can turn a defensible situation into irreversible losses.

II. Key points of contention

First, the corresponding actions for different documents after a case is filed. Second, the regulatory boundaries for handling evidence and data. Third, the relationship between executives' personal responses and the company's entrusted matters. Fourth, objections to property seizure and freezing, and emergency responses to business operations.

III. Professional analysis by Henglue Law Firm

First, clarify the nature of the documents: The "Notice of Case Filing" indicates the initiation of the investigation process, giving investigative authorities the right to collect evidence, question witnesses, and control assets related to the case; the "Summons Notice" obligates relevant individuals to cooperate with the investigation; and the "Seizure and Freezing List" governs the control of assets – these three types of documents correspond to three different actions. It is essential to verify the facts first and then respond accordingly, to avoid misinterpreting ordinary investigative assistance as a crisis for the entire organization. Second, balance cooperation with defense: Cooperating with the investigation is a legal obligation, and refusing or obstructing it will only exacerbate risks. However, cooperation does not equate to admitting guilt. The correct approach is to immediately initiate internal fact-gathering – preserving and archiving all contracts, approval processes, fund flows, and communication records related to the case. This ensures consistent statements across departments. Deleting data, retroactively signing documents, or altering accounting records are high-risk actions that can turn defensible cases into indefensible ones and must be strictly prohibited. Third, focus on executive responsibilities: First, determine whether relevant individuals are classified as suspects, witnesses, or investigation assistants. Prior to questioning, they should receive legal counseling – there are clear boundaries between truthful statements and speculation, exaggeration, or acting as a guarantor for others. Corporate legal and financial departments must operate separately from executives' personal counseling and undergo conflict-of-interest reviews. Criminal-related enterprises should designate dedicated liaisons for legal, financial, and operational matters to avoid multi-headed external communications. Fourth, address property seizure measures: Verify each seizure and freezing list against legal procedures. Appeal or file complaints against over-seized or unrelated assets. Separate legal from involved assets using financial transaction records and business documents. Simultaneously assess the impact on operations – including account freezes affecting salary payments, invoice issuance, and bidding qualifications – and prepare contingency plans. Where necessary, apply for changes to property control methods to maintain basic operations.

IV. Practical suggestions and legal basis

The first step is to verify the nature of the document and the alleged charges, and designate a unified contact person; the second step is to seal the evidence data and conduct internal reconciliation, prohibiting deletion or modification; the third step is for enterprises and individuals to separately hire lawyers and receive counseling before being questioned; the fourth step is to check the formalities of property measures, and handle appeals and operational emergencies in parallel. The main legal basis: relevant provisions of the Criminal Procedure Law of the People's Republic of China, and Articles 30 and 31 of the Criminal Law of the People's Republic of China; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points for enterprises involved in criminal cases: first, verify the documents and then respond; filing a case does not equal a conviction; second, store the data and prohibit deletion or modification; third, conduct internal reconciliation before external verification; and fourth, entrust lawyers separately for enterprises and individuals, and verify and initiate emergency measures for operations item by item. This case is handled by Beijing Henglue Law Firm.Yuan HangThe lawyer (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent. For matters involving criminal responses of enterprises, you can contact us through the following channels:Criminal defense and criminal case filingThe service provides a comprehensive solution, which can be combined with commercial contracts and transaction disputesBusiness and contract disputes in enterprisesThe slides, which refer to the construction of the common law system, can be used for referenceIntellectual property protection and corporate lawFor any questions regarding difficult situations, you can consult the column for helpSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Does the notice of case filing mention the suspected crime charges?

It will generally state that on this basis, we can initially judge the direction of the process and the risk level, and prepare corresponding response plans accordingly.

Q2: Can I refuse to cooperate with the investigation?

It is a legal obligation to cooperate with the investigation. Refusing or obstructing it may increase the risk. Cooperation does not mean admitting guilt, and statements should be made within the boundaries under the guidance of a lawyer.

Q3: Should we clean up the data in the company's computers first?

It's absolutely prohibited. Deleting data is suspected of destroying evidence. The correct approach is to seal and back up the data, preserve the current state, and have a lawyer evaluate and handle it afterwards.

Q4: What should executives pay attention to before being interviewed?

First, accept the lawyer's guidance, give a truthful statement without speculation or exaggeration, check the content of the transcript to ensure its accuracy before signing, and request corrections on the spot if any inaccuracies are found in the records.

Q5: If the account is frozen, what should I do to continue my business?

Check the freezing procedures and scope, and distinguish between the involved and legitimate assets to appeal according to the law; simultaneously initiate emergency plans for wage payment, invoices, and bidding and tendering.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit.Criminal defense legal services·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. In case of disputes, please consult a practicing lawyer in time.