Why did it take 6 years to file a case?, Demanding to force her husband to death for millions? "Zhai Xinxin has been arrested" account | Filing | Zhai Xinxin

On June 9, 2023, the latest progress was made in the case of Zhai Xinxin, who drew attention from the entire internet six years ago and demanded millions to force her husband to death. On the 9th, Su Xianglong, the brother of Weibo account @ Su Xiangmao, posted on Weibo that "Zhai Xinxin has been arrested and detained in the detention center. We have finally waited for this day!" At the same time, a notice of filing was posted with pictures.

Notice of filing. The filing notice shows that the case of Zhai Xinxin's extortion was deemed by the Haidian Branch of the Beijing Public Security Bureau to meet the filing requirements and is now under investigation. The payment was made on May 19, 2023.

According to Red Star News, the reporter learned from authoritative channels that the Haidian District Prosecutor's Office has lawfully arrested Zhai Xinxin, and the Haidian police have executed the arrest of Zhai Xinxin. The case is currently under further investigation.

Su Xiangmao, who was coerced six years ago

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 his suicide was related to his ex-wife Zhai Xinxin.

On March 30, 2017, Su Xiangmao and Zhai Xinxin met on an online dating website. According to media reports, more than two months later, the two obtained their certificates on June 7th of the same year, but on July 18th, they completed the divorce procedures. In Su Xiangmao's suicide note, he claimed that he had already spent several million on Zhai Xinxin before getting married. After marriage, Su Xiangmao discovered that Zhai Xinxin loved to lie and had a lot of ulterior motives. When the two were preparing to divorce, Zhai Xinxin often brought people to Su Xiangmao's house to harass him, as well as phone harassment.

In the suicide note, Su Xiangmao accused Zhai Xinxin of demanding a compensation of 10 million yuan and a house in Sanya from him for his tax evasion behavior, WePhone's gray operation, and her relatives' public security relations. At the end of the suicide note, Su Xiangmao said, "The funding chain is broken, and I am very desperate.". Therefore, it is widely believed by the outside world and family that Zhai Xinxin's request for 10 million yuan was the main reason for Su Xiangmao's financial chain rupture and subsequent suicide.

According to media reports, two hours before Su Xiangmao jumped from a building to commit suicide, Zhai Xinxin suspected that she was still posting on the Internet to report Su Xiangmao, and announced his ID number number and contact number.

On January 17, 2021, Su Xianglong, the brother of Su Xiangmao, posted on Weibo, saying, "Zhai threatened, threatened, beaten, extorted, and extorted my younger brother. He demanded that my younger brother immediately sign a divorce agreement to compensate for mental damages of 10 million yuan. Otherwise, he would report my younger brother for tax evasion and gray operations. The public security relatives at home would make my younger brother go to the police station immediately, and my younger brother would be imprisoned indefinitely. After my younger brother paid 6.6 million yuan with all his money, the defendant also demanded that the remaining 3.4 million yuan be paid within a limited time, and a penalty of 100000 yuan be paid for breach of contract for one day overdue."

Su Xianglong said that after paying 6.6 million yuan to Zhai Xinxin, Su Xiangmao was unable to pay the remaining 3.4 million yuan and "had to repay the 600000 yuan mortgage in one go and mortgage the house for a loan."

Previously, Zhai Xinxin stated in an interview with Red Star News that the claim made by Su Xiangmao's family that "Zhai Xinxin used WePhone software to involve gray areas and other threats to make Su Xiangmao live in fear, which led to Su Xiangmao's suicide" was not valid.

In 2018, Su Xiangmao's family sued Zhai Xinxin in court, 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 December 21, 2020, the case was heard in court at Chaoyang District People's Court in Beijing, lasting 6 and a half hours, and the verdict was not pronounced in court. According to Red Star News, on April 5, 2023, the case was pronounced in the Chaoyang District People's Court of Beijing on March 31. In the first instance, Zhai Xinxin was sentenced to 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.

"The court determined coercion, but the verdict did not explain how Zhai Xinxin was coerced," Su Xianglong posted on Weibo after receiving the verdict.

Screenshot of Su Xianglong's Weibo account

Until May 12, 2023, Su Xianglong posted on Weibo that on May 9, the defendant Zhai Xinxin submitted an appeal to the court to revoke the judgment on the post divorce property dispute case; On May 10th, under the auspices of the court, Zhai Xinxin made a record of revoking her appeal in this case and returning 6.6 million RMB to the plaintiff; On May 12th, the plaintiff confirmed receipt of RMB 6.6 million repayment from the defendant Zhai Xinxin.

Lawyer's Interpretation: Why extortion was not filed until six years later

After Su Xianglong announced that the plaintiff had confirmed receipt of RMB 6.6 million repayment from the defendant Zhai Xinxin, a netizen asked, "Is the crime of extortion ongoing?" Su Xianglong replied, "Yes!"

After six years, on June 9, 2023, Su Xiangmao's family finally received the notice of filing. But why was the crime of extortion only filed six years later?

Regarding this, Lawyer Huang Honglian from Shanghai Jingyulin Law Firm stated that in fact, when it comes to romantic disputes between men and women, in terms of financial handling, they will be more cautious in determining whether it is extortion. In the recent judgment of Zhai Xinxin's property dispute case after divorce, Huang Honglian believes that "this case may have identified some facts in the civil judgment, making the facts of this case clearer than before." Of course, Huang Honglian also believes that the family's persistence in the case is also very important for promoting the case.

However, Huang Honglian emphasized that special attention should be paid to the fact that the standards of evidence in civil and criminal trials are different. "Evidence in civil cases may not be 100% accepted and accepted in criminal cases."

What kind of situation can be filed for the crime of extortion? According to Fu Jian, the director of Henan Zejin Law Firm, the crime of extortion refers to the use of intimidation, threat, or blackmail to illegally occupy the victim's public and private property with the purpose of illegal possession, thereby constituting a crime. "In the suicide note left by Su during his lifetime, it was pointed out that Huo Xinxin was using Su's tax evasion and operation of a gray industry as a threat to demand huge amounts of property. If the public security organs verify the truth, Zhai Xinxin will be suspected of extortion. However, Lawyer Fu Jian also mentioned that if during the continuation of their marital relationship, they physically and mentally torture family members living together, and the circumstances are severe, it may constitute the crime of abuse.".

In addition, if Zhai Xinxin is convicted of extortion, what kind of punishment may he face? Fu Jian stated that according to Article 274 of the Criminal Law, the crime of extortion refers to extortion of public or private property, with a relatively large amount or multiple extortions, and shall be sentenced to fixed-term imprisonment of not more than three years, detention or public surveillance, and shall also be fined or only fined; If the amount involved is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount involved is particularly huge or if there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined. According to the "Guiding Opinions on Sentencing for Common Crimes" issued by the Supreme People's Law, if the amount reaches a particularly large threshold or there are other particularly serious circumstances, the sentencing threshold can be determined within the range of ten to twelve years of fixed-term imprisonment.

"Zhai Xinxin's criminal circumstances were serious, resulting in the death of the victim. He extorted more than ten million yuan of property, which met the maximum sentencing conditions. Therefore, the maximum sentence for this crime is 12 years' imprisonment." Fu Jian believes that the case can be filed, sounding an alarm for some men and women in real life who attempted to extort their spouses during property division.