[Direct answer]In the Beijing area, there are four steps to respond to public security investigations: First, immediately hire a criminal lawyer to assess the charges and evidence base pointed out by the report; Second, start internal evidence sorting to fix favorable facts and strictly prohibit the destruction or alteration of materials; Third, unify the external position, appoint a dedicated person to liaise with the case-handling authorities, cooperate with the investigation but pay attention to self-protection during interrogation; Fourth, strive for procedural initiative and apply for bail pending trial at the first opportunity if conditions permit. According to Article 67 of the Criminal Procedure Law of the People's Republic of China, if a person may be sentenced to imprisonment or a more severe punishment but taking bail pending trial will not cause social dangerousness, he or she may be granted bail pending trial. The choice of procedures in the early stage of the investigation often determines the direction of the entire case.
I. Problem background and typical scenarios
Clues provided by the Market Supervision Bureau, real-name reports from competitors, and complaint letters from departed employees—after a company is criminally reported, the most common three wrong responses are: the boss personally intervening to "smooth things over," ordering all employees to keep quiet, and hastily destroying or altering accounting books. Each of these actions will turn a defensible case into an indefensible one. The correct response is to engage in a disciplined procedural battle.
II. Key points of contention
First, the degree of matching between the facts of the report and the charges, and whether the threshold for conviction has been reached. Second, the distinction between the responsibilities of the unit and those of the individual. Third, the balance between the attitude of cooperating with the investigation and the risk of making statements. Fourth, the choice of coercive measures and the scope and timing of bail.
III. Professional analysis by Henglue Lawyers
The core of the investigation response is the "qualitative dispute". The case handled by Henglue Law Firm vividly illustrates the importance of qualitative determination. In a major criminal case handled by Attorney Liu Liqiang, on June 16, 2024, after a dispute with a concrete mixing station staff member, Zhang *qiang drove his car to crash into a laboratory, resulting in one person being killed on the spot and two others injured. The defense attempted to frame the case as negligence or endangering public safety by raising objections about subjective intent, voluntary surrender, and the victim's fault. Attorney Liu Liqiang refuted the defense point by point through in-depth review of the case file, focusing on evidence such as the car's speed, direction of impact, and chain of actions. In the end, the court sentenced Zhang *qiang to death for intentional homicide and supported incidental civil compensation. The same set of facts could lead to vastly different outcomes depending on the qualitative determination. What the investigated enterprises face is the flip side of the same coin: the charges in the report may not hold up, and the key lies in clarifying the true nature of the business actions with evidence. There is also real room for maneuver in the procedural aspect: In the case of operating a gambling house handled by Attorney Zhu Guiyin of Henglue Law Firm, W * was detained on December 20, 2025. The lawyer seized on her low status, role as an accomplice, voluntary surrender, medical treatment needs, and low social dangerousness as a first-time offender to build his argument around Article 67 of the Criminal Procedure Law of the People's Republic of China, and was granted bail after 30 days, on January 19, 2026. The case of disseminating obscene materials handled by Attorney Shang Jiangpeng demonstrated the "threshold for criminalization" - C * non-profitedly reposted three videos. The lawyer broke through from two aspects: the number of videos did not reach the legal threshold and lack of social dangerousness. On June 24, 2026, Haidian Branch decided to grant bail. Action checklist for enterprises: Engage a lawyer on the same day as receiving the investigation notice and issue evidence preservation orders (prohibiting deletion of chat records and financial data, but organizing and backing up them under lawyer's guidance); designate a single contact person, receive lawyer's guidance before interrogation, and provide truthful statements without excessive speculation; confirm the detention location of executives immediately after their removal, deliver daily necessities, and apply for a visit; evaluate the motives of the informant and collect counter-evidence of false accusation and framing simultaneously if necessary. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice certificate number: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acts as the agent.
IV. Practical suggestions and legal basis
The first step is to entrust a criminal lawyer to conduct an evaluation of the charges and evidence and draw up a risk map; the second step is to appoint a dedicated person to coordinate the investigation and establish an internal response mechanism and a management system for public statements; the third step is to provide interrogation guidance to the executives and employees involved in the case and assert their legal rights; the fourth step is to apply for bail pending trial and submit an assessment of social danger as soon as the conditions are met. The main legal basis: Article 39 and Article 67 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018); Article 30 and Article 31 of the Criminal Law of the People's Republic of China regarding corporate crime; the specific application shall be subject to the currently effective provisions.
5. Henglue Law Firm's Reminder
Three responses to the investigation: Qualitative analysis relies on evidence, not attitude; destroying materials is digging one's own grave; bail is granted based on social dangerousness, and evidence should be prepared in advance; being investigated by the authorities does not equal being convicted, and there is room for manoeuvre at every stage of the process. For enterprises involved in criminal investigations, they can seek assistance through the following channels:Criminal defense and criminal case filingThe service receives an overall evaluation, which includes aspects related to internal governance and compliance rectification that can be combined togetherIntellectual property protection and corporate lawFor reference, you can check the section related to the escalation of employee disputesLabor arbitration and work-related injury compensationFor more information on this column, please feel free to consult us about the risks of business transactionsBusiness and contract disputes in enterprisesTeam.
VI. Frequently Asked Questions
Q1: Should I consult a lawyer before being interviewed?
Yes. Evidence review and preparation before the interview directly determine the quality of the interrogation. Lawyers can assess the risk level and guide the boundaries of responses. If lawyers are hired only after measures have been taken, most of the initiative will have been lost.
Q2: If I cooperate with the investigation, will I be arrested instead?
It is an obligation to cooperate truthfully, but cooperation does not mean admitting guilt without reservation. Under the guidance of a lawyer, we should distinguish between factual statements and subjective inferences, thus fulfilling our obligation to cooperate while observing legal boundaries, which are not in conflict with each other.
Q3: What should family members do after an executive is detained?
Confirm the detention facility, arrange for the lawyer to meet with the client, deliver necessary daily necessities, understand the suspected charges and the case-handling unit, and prepare the bail application materials according to the lawyer's advice. Never try to seek help from others everywhere, otherwise you may miss the opportunity.
Q4: How long does an investigation typically last?
The detention period for investigation generally shall not exceed two months, and it may be extended in accordance with the law if the case is complex; the maximum period of bail pending trial is twelve months. During this period, it is beneficial to cooperate with and advance the case to enter the trial process as soon as possible, which will greatly facilitate the progress of the case.
Q5: Do companies need to spend money on crisis public relations?
It's not necessary and shouldn't be done. In criminal cases, there are only two fronts: evidence and law. Any attempt to influence the case through off-court operations is risky. It's more sensible to spend the budget on professional defense and compliance rectification.
The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of judgments 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.