[Direct answer]In the Beijing area, three principles should be followed: no confrontation, no concealment, and no blind action. When the public security organ investigates according to law, the enterprise should arrange special personnel to cooperate with the investigation, provide true materials truthfully, and clarify the boundaries and procedural rights of cooperation; entrust a criminal lawyer to intervene as soon as possible to assess the risk of involvement in the crime and the response strategy; simultaneously carry out internal evidence fixation and employee communication management to prevent actions such as deleting and modifying data in panic and unifying responses from escalating administrative problems into criminal issues. Remember: every statement and material during the investigation stage may become evidence in the case, and the quality of the response determines the subsequent opportunities.

I. Problem background and typical scenarios

Suddenly, police officers in uniform arrived at the office area, retrieved the account books, took away the computers, and interviewed the executives—the three most common wrong reactions of enterprises at this time: the boss personally resisting (risking obstruction of justice), deleting data overnight (risking destruction of evidence), and employees privately colluding to give consistent statements (risking perjury). The public security investigation is a watershed for enterprises' criminal risks. If handled properly, it can stop at assisting in the investigation; if handled improperly, it may lead to full-scale involvement.

II. Key points of contention

First, regarding the boundaries of the obligation to cooperate with the investigation, what must the company provide and what can it retain. Second, how should executives and employees who are interviewed or taken away respond to interrogations. Third, the relief procedures for seizure, detention, and freezing. Fourth, the timing and method of attorney involvement.

III. Professional analysis by Henglue Law Firm

Firstly, cooperation with clear boundaries: Enterprises shall truthfully provide materials lawfully requested such as registration information, business ledgers, and contract documents. Concealing or destroying such materials constitutes a new violation; however, enterprises have the right to verify law enforcement documents and legal instruments, request clarification on the scope of the investigation, and explain and request legal protection for trade secrets unrelated to the case—cooperation is an attitude, and boundaries are rights, which are not contradictory. Secondly, golden rules for personnel responses: Employees and executives under investigation shall truthfully state the facts they know and honestly admit their ignorance when uncertain, avoiding speculation, inference, or formulaic statements. After the interrogation, they shall review and sign the transcripts, and have the right to request corrections for any discrepancies. If subject to coercive measures, they shall immediately appoint lawyers to meet with them, and family members should not seek help from "connections" to avoid being deceived again. Thirdly, responses to property measures: For seizures, attachments, or freezes exceeding the scope or duration, lawyers shall file appeals, complaints, or applications for relief. Simultaneously, sort out the list of properties subject to measures, assess the impact on operations, and prepare alternative solutions. Fourthly, parallel actions in internal management: Designate a single contact person to coordinate external communications to avoid conflicting responses; preserve original data related to the investigation (server logs, approval records), and halt any "clean-up" actions. Isolate and observe internal personnel involved and conduct compliance talks, ensuring both cooperation with the investigation and protection of normal business operations. For enterprises with high risk exposure, immediately initiate criminal compliance rectification—including returning illegal proceeds, improving internal control systems, and proactively communicating rectification progress to case-handling authorities—all of which serve as practical foundations for seeking leniency in subsequent proceedings.

IV. Practical suggestions and legal basis

The first step is to appoint a criminal lawyer upon receiving the investigation notice and formulate a unified response plan. The second step is to designate a dedicated person to liaise with law enforcement agencies, and all materials shall be provided after being reviewed by the lawyer. The third step is to stop any data deletion or modification and employee collusion, and preserve the original evidence. The fourth step is to raise objections to excessive coercive measures in accordance with the law and simultaneously initiate internal compliance rectification. Main legal basis: - The Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) regarding investigative measures, coercive measures, and defense counsel rights; - The Company Law of the People's Republic of China (amended on December 29, 2023, effective from July 1, 2024) regarding corporate compliance governance; - The Criminal Law of the People's Republic of China regarding corporate crimes and related offenses; - Specific applications shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Three tips for dealing with public security investigations: Cooperate with the authorities while maintaining boundaries; provide materials only after they have been reviewed by a lawyer; deleting or altering data is like self-incrimination; original evidence must be preserved; and when executives are taken away, it's crucial to hire a lawyer to meet with them immediately. Family members seeking help through connections may expose the company to secondary risks. The window for mitigating corporate criminal risks is during the investigation phase. The earlier professional responses are initiated, the greater the room for maneuver. For assistance with corporate criminal risk responses, please contact us via the following channels:Criminal defense and criminal case filingWe provide a comprehensive solution for services, which includes the establishment of a criminal compliance system that can be integrated with other systems.Business and contract disputes in enterprisesFor plates involving the relief of the property involved in the case, you can refer to the following content for reference.Creditor's rights and debts, and enforcementFor this column, you can consult us about personal defense for executivesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If the public security authorities come to investigate, does the enterprise have to hand over all its financial records?

The account books and vouchers related to the case obtained in accordance with the law shall be provided truthfully; the enterprise may request to show the list of materials obtained and legal documents, and explain the situation of materials outside the scope; requests involving trade secrets shall be kept confidential in accordance with the law. Anyone who conceals, destroys, or forges materials may be suspected of committing new illegal acts or crimes.

Q2: The executive was taken away by the public security authorities. What should the family do?

Three things: confirm the place of detention and the case details (ask the case-handling authority); as soon as possible, appoint a criminal lawyer to meet with the detainee to understand the interrogation situation and the scope of the case; and organize the detainee's daily work materials for the lawyer to evaluate. Don't try to use connections or bribes to get the detainee released, as this will only add more risks.

Q3: If the company's account is frozen, what should we do to continue operations?

First, the lawyer should ascertain the freezing authority, the case basis and scope, and assess whether the freezing exceeds the scope; apply for the lifting or replacement of the guarantee for the part exceeding the scope; simultaneously sort out the cash flow, and if necessary, explain to the case-handling authority that the enterprise's operation relies on it and apply for the retention of necessary working capital. There is room for maneuver in practice.

Q4: If an employee deletes the chat history in the work group during the investigation, is that a problem?

Yes. If the electronic data related to the case is deleted or modified, it may be deemed as destroying evidence, and those involved in serious circumstances will face criminal risks. If such behavior is found in employees, it should be stopped immediately and the impact should be assessed. The lawyer should be informed truthfully so that corrective measures can be taken before the consequences escalate.

Q5: Can the enterprise still operate normally during the investigation phase?

Generally, it's possible. The investigation targets suspected illegal activities, which won't necessarily lead to a suspension of business operations. However, the involved business operations should be suspended, and the involved personnel should be isolated. It is recommended that major decisions (asset disposal, external guarantees) be implemented after a lawyer's assessment to avoid exposing the company to new risks during the sensitive period.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different 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.