Source: China News Agency is through traffic
Weibo certification account "Su Xiangmao's brother Su Xianglong" released on June 9 that Zhai Xinxin had been arrested and detained in a detention center.The picture of the notification of the case issued showed that the case of "Zhai Xinxin's extortion case", the Haidian Branch of the Beijing Municipal Public Security Bureau believed that "the case was met" is now "investigating the case".Sign.
Su Xiangmao's suicide from knowing the woman to a divorce for more than a hundred days, and finally made a key progress again.
Although he did not see any legal documents about the arrest, according to relevant insiders, it was revealed to China News Agency, and Zhai Xinxin was approved this week.
I encountered "fatal lover" on the wedding love website
Combing officers After: 5 am on September 7, 2017, Su Xiangmao, the founder and developer of Wephone, 37, jumped off the building from a place in Beijing and was found.Before the fall, Su Xiangmao pushed a news that "the company's legal person was killed by a poisonous wife Zhai, and Wephone was about to stop operation".The two married on June 7 of the same year and divorced on July 18.
Su Xiangmao's Restaurant content shows that he met Zhai Xinxin on the wedding website. Before marriage, he spent millions of (RMB, the same below) for Zhai Xinxin. The day before the certificate was told that he had a short marriage history.The lawsuit received a 200,000 yuan breakup fee from the former husband.After the two Su Zhai discussed the divorce, Zhai Xinxin used the relatives of officials and relatives in the family to report that Su Xiangmao had a tax leakage and asked for a 10 million yuan breakup fee and Hainan's 3 million yuan of real estate.
Since then, the deceased brother Su Xianglong posted a large number of suspected Su Xiangmao and Zhai Xinxin and Zhai Xinxin chatting with others. He pointed out that Zhai Xinxin married Su Xiangmao for "getting money".The civil case of Zhai Xinxin was tried on December 21, 2020 at the Chaoyang District People's Court in Beijing.
After more than two years, the case was sentenced to the People's Court of Chaoyang District, Beijing on March 31, 2023. The first trial was determined that Zhai Xinxin returned to Su Xiangmao's family cash, a total of nearly 10 million cars, and the revocation of Zhai Xinxin Hainan and Beijing.Zhai Xinxin appealed.
Civil cases have not yet been settled, Zhai Xinxin was investigated and arrested by criminal cases for "extortion crime".
"In the divorce case, the" extortion and extortion "case is rare in the country." Xiao Yi, a professor of criminal experts, professors at the Department of Law of the Capital Normal University, and part -time lawyer of Beijing Guanheng Law Firm, accepted the China News AgencyIn an interview with the traffic, it said: "Because couples have proved illegal evidence of illegal acquisition of others' property, it is not easy to achieve, but it is not impossible."
Why did the criminal case filed a criminal case after the incident?
Instead of interviews with the China News Agency, the insider revealed that he learned from Su Xiangmao's family that his family members had called the police in a timely manner after Su Xiangmao's death.Disputes do not fully meet criminal cases.However, with the continuous implementation of various evidence in civil lawsuits and the formalities of Zhai Xinxin's words and deeds, after the procuratorial organs intervened, the relevant judicial organs took criminal compulsory measures to Zhai Xinxin in accordance with the law.
This is more consistent with the view of Xiao Yi's expression on legal logic.So, why is it not easy to be identified in the divorce case of husband and wife?
Xiao Yi believes that one of the core elements of extortion is the purpose of illegally possessing the property of others.In the marriage, the couples often have differences in the issue of common property after divorce. There are rare evidence that there is sufficient evidence to prove that one party has the purpose of intentionally illegally possessing the other party's property, and generally believes that the disputed property is what it deserves.The principle of proof of criminal cases is that the evidence must reach the degree of "conclusive evidence and sufficient", so it is generally difficult to construct due to the lack of the identification of "illegal possession purpose".
But Xiao Yi also said that if there is indeed sufficient evidence to prove that one party in the divorce has the purpose of illegal possession of the property required by the other party, such as the property, such as the short marriage time, the flash marriage and the flickering, obviously there are obviously there areEvidence proves that the actor's marriage purpose is impure, or there are many experiences before, and the amount of property requested is huge and obviously not common property during the marriage.
In addition, there is sufficient evidence to prove that the actor uses "coercion, stabbing" and other methods to the victim, so that the victim's spirit is suppressed and sufficient to give them abandoning resistance and satisfy the actor's illegal possession of property.After the transfer, it is likely that the perpetrator will be identified as the crime of extortion.
In daily life, how to deal with extortion.
Zhang Ming, a partner and lawyer of Beijing Jingshi Law Firm and a lawyer, believed in an interview with China News Agency in a direct traffic interview that he first paid attention to evidence collection.Through evidence such as chat records and recording proves that the "coercion, stabbing" of the victims makes it difficult for themselves to resist, the other party's successful possession of his own property is not only successful, no success or attempted.Such as the evidence saved with equipment such as mobile phones to protect the mobile phone of the storage file evidence is positive for the effectiveness of the evidence.
It is also critical to call the police or seek help from the judicial organs in time. As friends or close relatives, those who find similar encounters around them can also seek help from the police to avoid worsening.It is difficult to extricate the panic created by the victim.
According to investigations, extortion and extortion of public and private property is worth more than 2,000 to 5,000 yuan, which is large, and is generally sentenced to three years in prison, detention or control; extortion of 30,000 yuan to more than 100,000 yuan is a huge amount.It is generally sentenced to imprisonment between three and ten years; the amount of extortion of more than 300,000 to 500,000 yuan is a particularly huge amount, and it will be sentenced to more than ten years in prison. The maximum maximum sentence is fifteen years.
Zhang Ming believes that if the ransom amount reaches the huge tens of millions, and the behavior of the victim's extortion and the spiritual collapse of the victim, the suicide is determined to have a direct causal relationship, and the victim knows that or should know this result.In the case of may occur, but in order to achieve the result of illegal purposes, the result of this result is caused by continuing the harm and the result is extremely serious.Punishment.
Open your eyes before marriage!"Cheating marriage" is innocent
Zhai Xinxin posted a period of time after Su Xiangmao's death, saying that she met Su Xiangmao on the website of the Century Jiayuan Marriage and Love website. Because of the appreciation of her "talent" and "calmness", Su Xiangmao, who was 160 cm in height and average appearance, produced "emotions in love"" ".
But because Su Xiangmao discovered his short marriage history and expressed doubts, Zhai Xinxin said that he was dissatisfied with Su Xiangmao's "tangling" and broke up.Su Xiangmao said that it was difficult to give up, and Zhai Xinxin said that "joking" made Su Xiangmao transfer to 50,000 yuan a day until his breath, Su Xiangmao did according to his request, so as to "recover" Zhai Xinxin's marriage.
Zhang Ming said that before the marriage, the amount of consumption or transfer of "520" and "1314" formed by the other party before marriage would generally be considered to be difficult to recover.However, if there is relevant evidence, it can be proved that one party only takes marriage as a means and is for the purpose of deceiving the other party's money. In addition, it is not easy to obtain evidence and obtaining identification.
If a large transfer of 50,000 yuan, there is a variable that the possibility of being identified as a gift in love. When the judicial organs are determined, it is necessary to judge according to the specific circumstances and evidence.
In addition, because of the large amount of Cai Li, it is also the property that one party "sends" to the other. It is also easy to retire or generate disputes in the process of breaking up or divorce between men and women.
According to the Chinese Civil CodeIn response to relevant provisions involving marriage issues, the parties request to return the gifts paid in accordance with the custom. If it is found that it is the following situation, the people's court shall support:
(1) If the two parties have not completed the marriage registration procedures;
(2) The two parties go through the marriage registration procedures but do not live together;
(3) Payment before marriage and cause difficulties in paying people.The provisions of the previous paragraph (2) and (3) of the previous paragraph shall be based on the divorce of both parties.
"Cheating" with a high degree of attention to netizens, Zhang Ming believes that deceiving marriage itself is not a legal definition.If the fictional property and identity deceive each other's trust, even based on the marriage between the two parties, there is no legal definition of "cheating" and "fraud".For example, there is no act to prove that "forcibly a sexual relationship with the wishes of women" is not related to the crime of rape.Because the law does not advocate property, status, etc. as a marriage condition, but instead advocates that the two sides use feelings as the basis for marriage.
As for whether they deceive their feelings, they need to be judged by themselves, and the law is difficult to regulate.However, if the party can be proved to conceal the major facts in the process of concluding marriage, it can be used as the basis for lifting the marriage relationship, and the purpose of divorce is relatively quickly.
However, Zhang Ming also reminded that if the facts such as fictional identity and assets are actually formed, the facts such as illegal fraud and occupying others are actually formed, and it may be identified as a crime of fraud.In addition to punishing the victims according to law, the victims must be recovered by illegal income.
It can also be seen from the scope of supporting and not supporting in the process of marriage and love. The marriage based on emotion is supported and advocated, and the purpose of property, status and other substances isSupport, the possibility of being recovered.
As for how to better distinguish "cheating wealth", "cheating feelings", or even "cheating marriage", if our eyes can reduce the obstruction of desire, it will become brighter.
