Legal Information

25 2026-9

How to criminally charge an employee within the company for embezzlement?

Employees who take advantage of their positions to embezzle the unit's property and the amount is relatively large shall be guilty of the crime of embezzlement in accordance with Article 271 of the Criminal Law; first audit the flow of fixed funds, then draft a complaint letter and report the case to the police. Criminal complaints can be conducted in parallel with civil claims for compensation.

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25 2026-9

For ordinary people encountering a criminal case for the first time, how can they determine whether a lawyer is reliable or not?

There are four steps to evaluating a criminal lawyer: verify their practice license, check if their area of expertise matches your case, request a specific plan, and sign a written contract with the law firm to charge fees through a corporate account. Also, stay vigilant against promises of "guaranteed bail" or "guaranteed acquittal".

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25 2026-9

When a family member is detained by criminal custody on suspicion of fraud, how helpful is it to hire a lawyer?

According to Article 34 of the Criminal Procedure Law, lawyers can intervene from the date of the coercive measures: meeting with clients, reviewing procedures, applying for bail, and submitting opinions against arrest; the maximum period for approving arrest after detention is 37 days, and the earlier the lawyer intervenes, the more beneficial it will be.

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25 2026-9

What are the criteria for filing a criminal charge?

To file a case, it is necessary to simultaneously meet the following conditions: there must be criminal facts, there is a need to investigate criminal responsibility, and the case must fall within the jurisdiction. The case shall be reviewed in accordance with Article 112 of the Criminal Procedure Law. The complainant shall prepare a complaint letter and a list of evidence. If the case is not file...

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25 2026-9

How do criminal defense lawyers exclude illegal evidence?

The confessions obtained through torture and coercion shall be excluded according to law; the lawyer shall obtain audio and video recordings and medical examination records, provide specific clues, and promote court investigation. The prosecution shall bear the burden of proof and confirm that the evidence is illegal, which shall be excluded.

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25 2026-9

Can family members visit the detainee during the period of criminal detention?

During the period of criminal detention, family members are not allowed to visit the detainee, and only defense lawyers can meet with them, which should be arranged by the detention center within 48 hours at the latest. Family members can deposit money and send supplies to the detainee, and entrust lawyers to apply for bail pending trial. The first 37 days are a crucial period in this process.

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25 2026-9

When multiple wills conflict with each other, how can their validity be determined?

Several wills conflict with each other. According to Article 1142 of the Civil Code, the last will made shall prevail, and the notarized will shall no longer be given priority. The parts that do not conflict with each other are still valid, and the parts that are invalid or not disposed of shall be handled in accordance with the statutory inheritance.

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25 2026-9

What are the legal forms of a will?

The Civil Code stipulates six forms of wills: self-written, written by others, printed, audio and video recordings, oral, and notarized. The presence of witnesses and the date are indispensable; if the contents of several wills conflict with each other, the latest one shall prevail.

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25 2026-9

What are the common questions asked during legal consultations on inheritance law?

The inheritance consultation focuses on six major issues, including the scope of heirs, the definition of inheritance, the validity of wills, the calculation of shares, debt repayment, and procedural matters. The first-tier heirs include spouses, children, and parents. It is more efficient to prepare death certificates and property certificates before seeking advice.

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25 2026-9

What should be done when multiple children are competing for the inheritance of a property?

All children are the first-order heirs, and their shares shall be determined in accordance with Article 1130 of the Civil Code based on their contributions to supporting the elderly; the real estate may be compensated at a discounted price, owned jointly or divided after being appraised, and the applicant may apply for property preservation during the dispute period.

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25 2026-9

After the will is deemed invalid, how will the inheritance be divided?

The estate involved in the invalid part of the will shall be handled in accordance with the statutory inheritance (Article 1154 of the Civil Code): the spouse, children, and parents shall be equally distributed in the first order, and the spouse who has made greater contributions to the elderly may receive a larger share. For the property that has already been transferred, the heirs may sue to req...

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25 2026-9

Do I need to hire a lawyer to make a will?

A handwritten will, which is written, signed, and dated by the testator himself, is valid without the need for a lawyer or notarization. However, for cases involving complex assets or family relationships, it is recommended to have a lawyer draft and witness the will to reduce the risk of formal defects and invalidation of the will.

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25 2026-9

What should I do if the content of the will violates the law?

The part of the will that violates mandatory provisions of law or public order and good customs is invalid, and the remaining part is still valid; the portion of the will that disposes of other people's property is invalid, and the invalid part shall be handled in accordance with the statutory inheritance under Article 1154 of the Civil Code.

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25 2026-9

Can an heir sue if they are not satisfied with the distribution of the inheritance?

If the parties fail to reach an agreement on the distribution of inheritance, they may file a lawsuit in accordance with Article 1132 of the Civil Code. The statute of limitations for inheritance disputes is three years. The court shall determine the share of inheritance based on the validity of the will and the contributions to the support of the elderly. The jurisdiction shall be the place where...

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25 2026-9

If a high net worth individual does not have a will, how will their estate be distributed?

In the absence of a will, the inheritance shall be in accordance with the statutory succession: spouses, children, and parents shall share equally in the first order (Article 1127 of the Civil Code), and the joint property shall first be allocated to the spouse (Article 1153); high-net-worth families should make a will as soon as possible to prevent the dispersion of equity and inheritance deadloc...

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