Lawyer reveals details of the "Zhai Xinxin case": Su Xiangmao's computer and phone have undergone comprehensive data recovery, leaving behind | lawyer | filing | evidence | property | family members | Zhai Xinxin | Su Xiangmao

"Zhai Xinxin has been arrested and detained in a detention center!" On June 9th, Su Xiangmao's brother Su Xianglong publicly spoke out.

In September 2017, programmer Su Xiangmao committed suicide by jumping off a building at home, leaving behind a complaint of his wife demanding millions to force her husband to death. According to the filing notice released by Su Xianglong's Weibo account, Zhai Xinxin is suspected of extortion and was filed on May 20, 2023. Red Star News reporter learned from authoritative channels that the Haidian District Procuratorate in Beijing has lawfully arrested Zhai Xinxin, and the Haidian police have executed the arrest of Zhai Xinxin. The case is currently under further investigation.

Zhai Xinxin and Su Xiangmao Map Network

Zhang Qihuai, a lawyer previously commissioned by Su Xiangmao's family, mentioned that Su Xiangmao was also prepared for the case before his death. He unlocked his phone password and left a note.

Lawyer Wang, who is currently commissioned by Su Xiangmao's family, believes that although this case has certain difficulties, he always has confidence in filing the case. Previously, after Su Xiangmao's family reported to the police, after reconsideration and review, the police made a decision not to file the case. Subsequently, Su Xiangmao's family submitted investigation supervision to the prosecution until the case was filed on May 20, 2023.

Su Xiangmao's family previously commissioned a lawyer

Disclose details related to the case

On the early morning of September 7, 2017, Su Xiangmao, the founder of the mobile application Wephone, jumped off a building and died, leaving a suicide note stating that the suicide was related to his ex-wife Zhai Xinxin. According to their suicide note, on March 30, 2017, the two met through a dating website, obtained their marriage certificate on June 7, divorced on July 16, and completed the divorce procedures on July 18. Su Xiangmao once mentioned in his suicide note that "the funding chain is broken, and I am very desperate.". Therefore, "Zhai Xinxin's demand for 10 million yuan as divorce compensation led to the breakdown of Su Xiangmao's financial chain" is widely regarded by the outside world as one of the reasons for "forcing Su Xiangmao to death".

On September 15, 2017, lawyer Zhang Qihuai officially represented Su Xiangmao in the suicide case, but did not continue to represent him in this case. After Zhai Xinxin was arrested, Red Star News reporters interviewed Zhang Qihuai.

Zhang Qihuai previously stated in an interview with other media that "from the materials, there are many issues, probably not only suspected of fraud." After accepting the commission, Zhang Qihuai needs to prepare in three aspects. Firstly, it is necessary to confirm the main identity of Su Xiangmao's family and sort out the case from three different aspects: civil, criminal, and administrative. Next is to organize and collect the records left by Su Xiangmao's phone and computer, and collect and sort out relevant facts and evidence of different legal relationships from the records, restoring basic facts. In addition, corresponding investigations were conducted to understand the social relationships and related facts directly related to Su Xiangmao. Meanwhile, during this process, the approach and methods of handling cases are constantly adjusted, and the evidence is restored after the basic idea is determined, resulting in the possession of thousands of pages of evidence.

On the afternoon of April 20, 2018, eight months after the death of Wephone founder Su Xiangmao, Zhang Qihuai, lawyer Yu Jing, and Su Xiangmao's family came to the filing hall of the Chaoyang District People's Court in Beijing to submit a civil lawsuit and other related materials, suing Su Xiangmao's ex-wife Zhai Xinxin. The three cases in the submitted materials revolve around post divorce property disputes, invalidation of gift contracts, and return of property.

Zhang Qihuai also mentioned the particularity of this case. He said, firstly, this is a typical case that has received widespread public attention. Secondly, Su Xiangmao's marriage was mixed with multiple civil and criminal disputes, which indeed exposed the unhealthy side of the current marital relationship. The Su Xiangmao case may become a typical case in marital disputes.

Zhang Qihuai previously revealed that Su Xiangmao was also prepared for the case before his death. Before his death, Su Xiangmao untied the password on his phone and left a note saying that there was no password left on his phone, which contained records of conversations. Su Xiangmao also left relevant evidence on how property was gradually owned by the woman.

When accepting the commission earlier, Zhang Qihuai chose to file a civil lawsuit and accompanied Su Xiangmao's family to report Zhai Xinxin's alleged extortion. In terms of collecting evidence, he once led Su Xiangmao's brother Su Xianglong to the famous electronic data appraisal institution Meiyabaike Appraisal Center in Xiamen, where they conducted a comprehensive data recovery download and judicial appraisal of the laptop and mobile phone left by Su Xiangmao. This laid the evidence foundation for the civil and criminal parts of this case.

Su Xiangmao's family now entrusts a lawyer:

The case is simple, but there is some difficulty in acting as an agent

According to previous reports from Red Star News, in 2018, Su Xiangmao's family filed a civil lawsuit against Zhai Xinxin, demanding that the court revoke Su Xiangmao's gift worth nearly ten million yuan and demand that the other party return nearly one million yuan in cash. On March 31, 2023, the Chaoyang District People's Court in Beijing issued a first instance judgment, ruling that Zhai Xinxin should return nearly ten million yuan in cash and cars to Su Xiangmao's family, as well as revoke Zhai Xinxin's personal ownership of two properties in Hainan and Beijing.

In the first instance civil judgment of the case, judgments were made on the gift contract dispute between Su and Zhai, as well as the property dispute after divorce.

Among them, the judgment of the gift contract dispute case shows that according to the situation found in the trial, Zhai Xinxin and Su Xiangmao only met for more than 110 days until they agreed to divorce. During this period, they received vehicles and other gifts worth more than 3 million yuan from Su Xiangmao, and the marriage and love process has obvious economic characteristics.

Zhai Xinxin coerced Su Xiangmao in order to obtain high compensation during the divorce, without taking into account the original intention of Su Xiangmao to give him property, hope to live with him, and maintain his relationship, as well as Su Xiangmao's subjective feelings and objective economic situation under coercion, which were important factors leading to Su Xiangmao's suicide. The marriage between Zhai Xinxin and Su Xiangmao, with the aim of increasing their own property, includes large amounts of pre - and post marital property that can be revoked. Zhai Xinxin needs to return one Tesla car worth approximately 1.08 million yuan to Su Xiangmao's family; Return Cartier diamond rings and necklaces worth over 300000 yuan; The total amount of refunded transfer is over 1.86 million yuan.

The judgment in the case of property dispute after divorce shows that Zhai Xinxin used coercive measures during the divorce process, causing Su Xiangmao to express his unwillingness in fear, which is in line with the legal characteristics of revocable behavior. Zhai Xinxin needs to refund 6.6 million yuan to Su Xiangmao's family.

In addition, the court also ruled to revoke Zhai Xinxin's personal ownership of the two houses located in Hainan and Beijing.

Lawyer Wang from Beijing Lianggao Law Firm, who is currently commissioned by Su Xiangmao's family, mentioned to Red Star News that representing this case is somewhat difficult, but he has always had confidence in filing the case. Because there is evidence to support it in all aspects: the fact that Zhai Xinxin threatened, coerced, and blackmailed is obvious, and there is evidence to prove it; The fact that Su Xiangmao's huge property was occupied by Zhai Xinxin is clear and supported by evidence; Su Xiangmao was coerced, psychologically fearful, and unwilling to pay, but had to pay, as evidenced by evidence.

Regarding Zhai Xinxin's behavior, Lawyer Wang believes that at first, Zhai Xinxin did not want Su Xiangmao's life, but just wanted to deceive some money. Later on, it felt very easy, and Su Xiangmao was very timid, so he intensified his efforts from wanting to deceive to quickly and directly forcing and extorting.

Lawyer Wang believes that Su Xiangmao's initial payment was due to his lack of knowledge, understanding, and comprehension of whether his company was involved in a crime. At the beginning, he wanted to use money to ensure the safety of himself and the company, in exchange for Zhai Xinxin not reporting. But due to Zhai Xinxin's step-by-step pressure, coupled with some inappropriate answers, and Zhai Xinxin's final verbal threats such as "I won't kill you tomorrow, I'll deal with you tomorrow..." and "Why don't you die, die...", Su Xiangmao's last straw was gone and he was forced to have no way out, which was the fundamental reason for his death.

Lawyer Wang told Red Star News reporters that the main difficulty of this case is that Su Xiangmao has passed away, and both parties have a previous marriage. Is there any extortion within the marriage? Does the threat of competing for more property within marriage constitute a crime? There is some controversy in practical operations regarding the boundaries of the rights of the family members of the victim after their death. After the incident occurred, at the beginning of the report, the police believed that there were no criminal facts and did not file the case. The result of the reconsideration was to uphold the original decision, which was reviewed by the Beijing Public Security Bureau, or to uphold the original decision. Su Xiangmao's family requested investigation supervision from the prosecution until May 20, 2023, when the case was filed.

Regarding the nature of this case, Zhai Xinxin does have a deceptive side, such as her identity, marriage, etc., which can easily be understood as fraud. But Zhai Xinxin's acquisition of Su Xiangmao's huge wealth was not the result of fraud, but the result of extortion, threats, coercion, and blackmail. The reason why Su Xiangmao paid was not voluntary, but forced and forced to pay. If they don't pay, they will go to jail, and their families will be arrested. It is passive payment under fear, not voluntary payment under deception.

In addition, the introduction of civil judgments has also accelerated the pace of criminal filing in this case.