Compared with civil and commercial cases, criminal reporting employs a completely distinct legal approach
A criminal complaint is a written document submitted to public security authorities by a complainant seeking to protect their rights through criminal proceedings. It is a key reference for authorities to assess case facts and determine whether to initiate an investigation. Companies suspecting employees of criminal acts harming their interests must ensure the complaint is well prepared to avoid procedural hurdles that could undermine their ability to protect their rights.
Senior Partner
Zhongzi Law Office
Tel: +86 186 1276 8297
E-mail: guojie@zhongzi.com.cn
In a case handled by the author’s team, a listed company suffered the misappropriation of nearly RMB100 million (USD13.7 million). The initial lawyers, lacking expertise in criminal case filings, submitted a complaint that was overly focused on civil and commercial disputes.
The material was poorly structured, excessively detailed and inadequately organised, resulting in a five-month delay in case initiation, and significant losses for the company. After the author’s team restructured the facts and refined the evidence, the company submitted supplementary material tailored for criminal proceedings, leading to a successful case filing within 20 days.
This highlights how a well-prepared criminal complaint secures case initiation. The following analysis outlines practical tips for drafting high-quality complaints to help companies protect their rights through criminal proceedings.
Organising the proper facts. Although companies tend to be experienced in handling civil and commercial disputes, preparing a criminal complaint requires a distinct legal approach. A common pitfall is that companies prepare criminal complaints using civil litigation evidence frameworks, which risks misclassification of the case by authorities.
For example, in the case mentioned, the original lawyers included details of arbitration, share transfer and operational disputes in the complaint, misleading public security authorities to initially categorise the case as an economic dispute, ultimately delaying the filing process.
To address this, complaint material must focus on facts that clearly indicate criminal activity. Two key principles should be followed.
- Comprehensive analysis. Gather all relevant facts by reviewing material, conducting online research and retrieving information to reconstruct the full picture of the case and its development.
- Focus on key facts. Identify and prioritise facts that meet the legal criteria for criminal offences, aligning with the company’s objectives and the procedural requirements of public security authorities. If multiple facts meet filing standards, prioritise those supported by stronger evidence.
Selecting the right evidence. Unlike civil and commercial litigation, criminal complaints require a distinct approach in logic, proof standards and evidence organisation. Criminal investigations often go beyond superficial civil relationships to assess whether the accused’s core actions constitute a crime. Under the Criminal Procedure Law, convictions demand proof “beyond a reasonable doubt”. While the threshold for case filing is lower, it remains significantly higher than in civil or commercial cases.
When preparing complaint material, companies must adopt a criminal law perspective, focusing on evidence that highlights the accused’s criminal actions and intent. Priority should be given to collecting both objective and subjective evidence that aligns with the elements of the alleged crime. Evidence chains must also meet criminal procedural requirements to withstand scrutiny.
Applying writing techniques. Public security authorities handle vast amounts of factual and evidentiary material when processing criminal complaints. Unfocused complaint material can increase investigators’ workload and delay case filing. To produce high-quality criminal complaints, attention to writing techniques is essential.
In terms of structure, use hierarchical headings to highlight key points, ensuring a clear and logical presentation of primary and secondary issues. In terms of expression, use objective, precise and concise language to present core facts and critical evidence, clearly explaining their connection. These techniques prove helpful in a criminal case filing.
Managing legal risks. Fact statements must be truthful and accurate, avoiding exaggeration or fabrication to prevent accusations of false reporting or framing. Evidence submitted must be lawful and valid, excluding materials obtained through illegal means.
Companies should also avoid publicly disclosing case details during reporting to prevent information leaks that could disrupt investigations or cause unnecessary legal disputes. Careful handling of potential legal risks in complaint material is crucial to avoid new legal challenges while protecting rights.
In summary, well-prepared complaint material enables authorities to quickly grasp case facts, enhance filing success rates and safeguard corporate interests. Professional preparation and effective communication help companies avoid delays caused by information gaps, miscommunication or incomplete documentation, ensuring a smoother filing process and optimal protection of their rights.
Guo Jie is a senior partner at Zhongzi Law Office. She can be contacted by phone at +86 186 1276 8297 and by email at guojie@zhongzi.com.cn
