[Direct answer]In the Beijing area, criminal charges do not require "conclusive evidence", but the evidence must form a chain pointing to the constitutive elements of the crime: identity materials, contract agreements, fund flows (transfer records, POS receipts), communication records (chats, calls, emails), and written traces of the other party's fabrication of facts. Having all five categories in place can support the charges. According to Article 110 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), reports and complaints can be submitted in writing or orally. In practice, a "Criminal Complaint Letter" that demonstrates the constitutive elements of the crime and attaches a list of evidence can significantly improve the efficiency of acceptance and filing of cases. It is particularly important for lawyers to accompany clients when reporting cases.

1. Problem background and typical scenarios

Being cheated out of hundreds of thousands by acquaintances, losing the franchise fee, and having the financial management company abscond—victims first go to the police station to report the case verbally, but the police just dismiss it with the words "this is an economic dispute"; some people even posted long descriptions of their experiences online, but the case never entered the criminal justice process. The problem often lies not with the case itself, but with the complaint materials: they are scattered, disorganized, and fail to meet the requirements for constituting a crime.

II. Key points of dispute

First, the boundary between economic disputes and criminal offenses — the public security organ's most concerned evidence is the evidence of the illegal possession purpose. Second, the method of organizing evidence from fragments to a chain. Third, the difference in case filing efficiency between oral reporting and written accusation. Fourth, how to promote investigation and recovery of compensation after case filing.

III. Professional analysis by Henglue Law Firm

The issue of evidence is a two-way process—the prosecution builds the chain of evidence, and the defense dismantles it. By observing how the defense reviews the evidence, we can determine where the prosecution needs to focus its efforts. In a case of disseminating obscene materials handled by Henglue Law Firm, the defendant D* and the victim A* exchanged videos. After appraisal, it was found that 62 and 80 videos were playable, just exceeding the threshold for prosecution. After reviewing the case file, the defense attorney discovered that the appraisal report lacked the appraiser's qualification certificate, raised doubts about its legality, and noted that the exchange was a one-on-one transaction without profit motive. Therefore, the attorney recommended non-prosecution. After the prosecution twice returned the case for supplementary investigation, it concluded that the facts were unclear and the evidence insufficient, and thus made a decision of non-prosecution in accordance with the law. This shows that the integrity and legality of evidence determine the outcome of the case. From the prosecution's perspective, Henglue Law Firm's attorneys provided exemplary evidence-building strategies in two prosecution cases: In a second-hand car transaction fraud case, the victim was defrauded and extorted of over 3.12 million yuan under the guise of transfer fees, deposits, and settlement fees. The attorney compiled massive transfer and chat records, preserved written evidence of false excuses, and formed a complete evidence chain. The attorney drafted a complaint and evidence catalog to accompany the report, and the public security organ accepted the case on the same day and filed charges within three weeks. The suspect is currently in custody. In another case involving an unlicensed financial platform, the victim invested his life savings of over 500,000 yuan, while the platform illegally collected deposits exceeding 190 million yuan from over 3,000 people. The attorney gathered evidence based on the four elements of illegality, publicity, inducement, and social harm to push for prosecution. In June 2025, the public security organ issued a notice ordering the return of the illegal proceeds. This case was handled by Beijing Henglue Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

The four-step process of preparing a criminal complaint includes: 1. Gathering five types of evidence—identification and subject information, contract agreements, proof of fund flows, chat and call records, and written or visual traces of false statements; 2. Organizing the chronology of events and marking the corresponding relationships between each payment and the deceptive methods; 3. Drafting the "Criminal Complaint" and "Evidence List" and demonstrating the elements of the crime item by item; 4. Enlisting a lawyer to accompany you in submitting the materials and explaining the evidence's relevance in person. **Legal basis**: - Article 110 (Reporting and Complaint) and Article 112 (Case Filing Review) of the Criminal Procedure Law of the People's Republic of China, amended and implemented on October 26, 2018; - Articles 266 (Fraud), 274 (Blackmail), and 176 (Illegal Absorption of Public Deposits) of the Criminal Law of the People's Republic of China; - Specific applications shall follow the currently effective regulations.

5. Henglue Law Firm's Reminder

Filing a case is the threshold for criminal rights protection, and the quality of the materials directly determines the height of the threshold: oral reporting of a case is easily regarded as a dispute consultation, while written accusations and evidence lists provide reviewing police officers with a basis for action; in cases between economic disputes and crimes, self-identification is less reliable than letting the evidence speak for itself. After the case is filed, the suspect is subject to compulsory measures, and the motivation to return the illicit gains and make compensation will be significantly enhanced - advancing the criminal proceedings first and then discussing civil compensation is often a more efficient way to recover losses. Matters involving criminal accusations and defenses can be handled through legal procedures.Criminal defense and criminal case filingFor those who want to avoid commercial scams like franchising, they can refer to this comprehensive solution for servicesBusiness and contract disputes in enterprisesThe column, which involves fund recovery and enforcement, can be combined with other content.Creditor's rights and debts, and enforcementFor consultation on corporate risk management and intellectual property-related crimes, please contact the relevant departments.Intellectual property protection and corporate lawFor team members, please contact us if you have any difficult cases to handleSpecial services.

VI. Frequently Asked Questions

Q1: Can you still press charges even if there's not enough evidence?

Yes. For filing a case for review, it is not necessary to meet the standards for proving guilt. It suffices to have clues indicating that there are criminal facts that require criminal responsibility to be investigated. If the chain of evidence is incomplete, it can be supplemented and fixed with the assistance of a lawyer before being submitted, which will increase the success rate.

Q2: What core evidence should be prepared if you are accused of fraud?

The transfer records and bank statements, chat and call records, contracts or receipts, evidence of the other party's fabrication of facts (false identity, false project materials), and witness information; the key point is that each sum of money can be matched with the deception methods used.

Q3: How much does it cost to hire a lawyer to file a lawsuit?

The fees for the complaint stage are charged on a per-case basis, including tasks such as evidence sorting, document drafting, and accompanying the client to report the case to the police. The fees are subject to market-based pricing, and the specific charges shall be determined in accordance with the terms of the contract. Compared with the lengthy civil litigation process, the input-output ratio of the complaint stage is usually higher.

Q4: How long does it take from reporting a case to having it officially registered as a case?

According to Article 112 of the Criminal Procedure Law, complaints should be accepted and reviewed, and if it is deemed that there are criminal facts requiring criminal responsibility to be investigated, a case should be filed; generally, a decision on whether to file a case should be made within seven days, and the time limit may be extended for major and complex cases; in Henglue's complaint cases, there was a pace of accepting the complaint on the same day and filing a case within three weeks.

Q5: What should I do if the police refuse to file a case after I report the crime?

You can request the issuance of a notice of refusal to initiate a case, apply for a review to the public security organ that made the decision, or apply to the people's procuratorate at the same level for case filing supervision; a more effective approach is to entrust a lawyer to reorganize the evidence and resubmit the complaint in a standardized form.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 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.