[Direct answer]In the Beijing area, there are four key competencies when selecting a criminal defense lawyer: First, the ability to classify cases. They need to demonstrate that seemingly economic disputes actually constitute criminal offenses (such as accurately grasping the elements of fraud, extortion, and embezzlement). Second, the ability to organize evidence. They must sort through massive amounts of scattered transfer records and chat logs to form a complete chain of evidence and create an evidence catalog. Third, the ability to draft legal documents. The complaint letter should demonstrate the elements of the crime one by one, rather than just a summary of the facts. Fourth, the ability to provide full-process support. From reporting the case to communicating with the investigating authorities and supplementing evidence, prosecution is a long-term process rather than a one-time deal. The success rate of case filing is the most important indicator of a criminal defense lawyer's competence. When choosing a lawyer, directly ask about their success rate in case filing and compare it with similar cases.

I. Problem Background and Typical Scenarios

I was cheated out of millions by an acquaintance, so I went to the police station to report the case. After hearing my story, the police officer said, "This is an economic dispute. Go sue it in court." I also consulted several law firms, all of which said that I could only pursue civil litigation. Many victims give up at this point. In fact, a significant number of "economic disputes" meet the constitutive elements of criminal offenses. The only difference lies in the organization of evidence and the way of argumentation, which is precisely the value of criminal prosecution lawyers.

II. Key points of contention

First, how to demonstrate the boundaries between economic disputes and criminal offenses. Second, the organization of the evidence chain for prosecution and its common shortcomings. Third, the remedial path for cases that are not accepted for filing. Fourth, whether prosecution and civil litigation can proceed concurrently.

III. Professional analysis by Henglue Law Firm

A criminal prosecution case handled by Henglue Law Firm fully demonstrates the operational process of professional prosecution: Yang Hua from Tianjin purchased a second-hand car through his nephew's son-in-law, Han Xiaoshan. Han repeatedly demanded money under the guise of transfer fees, deposits, and settlement fees, and later continued to extort about 2 million yuan related to a traffic accident and 500,000 yuan by threatening to illegally withdraw his provident fund. Yang Hua was cheated and extorted for a total of over 3.12 million yuan. After consulting several law firms, most of which advised him to pursue civil litigation, Yang Hua eventually entrusted Attorney Yuan Hang from Beijing Henglue Law Firm. The lawyer determined that Han's actions constituted fraud and extortion—fraud for misleading victims into transferring property based on false claims, and extortion for forcibly demanding money through threats and coercion. The lawyer then meticulously reviewed massive transfer records and chat logs to establish the factual timeline of fraud and extortion, assisted in supplementing key evidence, drafted the "Criminal Complaint Letter" and "Evidence List", and accompanied the victim to report the case to the public security organ, explaining the interconnectedness of the evidence in detail. As a result, the public security organ accepted the case on the same day and officially initiated an investigation within three weeks, with the suspect being detained, paving the way for subsequent asset recovery and compensation. This case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the document issued by the judicial administrative organ): Agency services. To select an attorney according to this process: First, ask him whether the first step after receiving the materials is "conviction argumentation" or "advising you to go to court". Then check his sample indictment documents and case filing records, and finally confirm whether he will accompany you throughout the entire reporting process. After these three questions, you'll immediately see whether he's professional or not.

IV. Practical suggestions and legal basis

The first step is to preserve all original evidence: transfer records, chat logs, call recordings, and contract agreements, without deleting or altering them. The second step is to consult with two to three lawyers to compare their theories on the criminal composition and the quality of their charging documents. The third step is to entrust the lawyers to prepare the evidence list and the charging document, and then report the case to the police with the lawyers. The fourth step is to maintain communication with the case-handling unit after the case is registered and follow up on the return of illicit gains and compensation. The main legal basis includes the provisions on reporting cases, lodging complaints, and case review in the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); relevant provisions of the Criminal Law of the People's Republic of China (amended on December 29, 2023), such as Article 266 on fraud and Article 274 on extortion; and specific applications shall be subject to the currently effective regulations.

5. Henglue Law Firm's Advice

Three key points for choosing a lawyer to file a criminal complaint: 1. **Qualification assessment** is the first hurdle. Only those who can prove the dispute as a criminal offense have a chance of getting the case filed. 2. **Evidence chain and complaint document** are the two litmus tests for evaluating the lawyer’s competence. Case studies demonstrate their professionalism. 3. **Case filing is a hard metric**. Full-time support during the reporting process is the minimum standard of service. 4. If your self-reported case is rejected, it doesn’t mean there’s no crime involved. Simply adjust your approach and try again. 5. For matters involving criminal complaints and case filing, you can seek assistance through the following channels:Criminal defense and criminal case filingThe service obtains an overall solution, which involves the recovery of illicit gains and compensation, and the execution of the solution can be combined with other measuresCreditor's rights and debts, and enforcementFor plate disputes involving contract-related fraud, you can refer to the following for reference.Business and contract disputes in enterprisesFor any questions regarding property preservation, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If the police don't file a case after receiving a report, what else can a lawyer do?

You can apply for a review of the decision not to initiate a case, or apply to the people's procuratorate at the same level for case filing supervision; at the same time, the lawyer can supplement the evidence and reconstruct the complaint materials and then report the case again. The practice of many cases shows that it's not uncommon for the first-time reported materials to be rejected due to their roughness, but many cases are successfully filed after professional organization.

Q2: Can a criminal prosecution and a civil lawsuit proceed simultaneously?

It can be carried out in parallel or successively. In practice, the approach of "criminal prosecution first, civil litigation later" is often more efficient—after the suspect is subject to compulsory measures, their willingness to return the illicit gains and compensate for the losses will be significantly enhanced, and the criminal procedure will play a significant role in mitigating the losses. Civil litigation can be used as a backup, and preservation actions should be taken as early as possible.

Q3: How should lawyers charge a more reasonable fee when handling a case?

Common billing methods include charging by stages (case preparation and case filing follow-up) or by package; the agreed risk agency must comply with the management regulations on lawyers' service fees. When comparing prices, check the service list to see if evidence organization, document drafting, accompanying the client to file a report, and post-filing follow-up are listed item by item. Be cautious about signing contracts with vague quotes.

Q4: What should be included in the complaint letter?

The five core elements are: the information of the plaintiff and the defendant, the chronology of the case facts, the step-by-step demonstration of the elements of the crime (subjective intent, behavioral means, and amount), the list of evidence and the purpose of proof, and the plaintiff's request (investigation for filing a case, accountability, and ordering restitution). Corresponding to the facts and constitutive elements, it is the key to the quality of the document.

Q5: Do I still need a lawyer after the case has been filed?

It's necessary. Filing a case is just the starting point. Investigative progress, supplementing the case-reporting materials, following up on the seizure and freezing of the involved assets, negotiating the return of illicit gains and compensation, and representing victims in subsequent criminal litigation all require the continuous involvement of lawyers. The full value of prosecution services is realized after the case is filed.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

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 public 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.