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Did XinXin Zhai blackmail Su Xiangmao?
I. Introduction to the case:
20 17, Su Xiangmao, the founder of the mobile phone application WePhone, committed suicide by jumping from the upstairs after leaving a suicide note. In the suicide note, Su Xiangmao mentioned that he was cheated of 6,543,800 yuan and property compensation by his ex-wife XinXin Zhai and committed suicide. Subsequently, the "programmer suicide incident" in XinXin Zhai aroused widespread concern in society. I won't go into details here. You can search yourself. Pay attention to the daily statement channel of this website to provide you with the latest legal cases.
Second, the legal analysis
Why didn't the Public Security Bureau initiate criminal proceedings against XinXin Zhai? According to our analysis, there may be two main reasons:
1, there is no direct causal relationship between Su Xiangmao's suicide and XinXin Zhai.
Su Xiangmao committed suicide, not XinXin Zhai. Therefore, XinXin Zhai does not have to bear criminal responsibility for the consequences of Su Xiangmao's death, because there is no causal link. Causality in criminal law must be a direct and inevitable cause, which is different from life or philosophy.
Su Xiangmao committed suicide, and neither XinXin Zhai nor XinXin Zhai forced him to commit suicide with a knife. You can say that if XinXin Zhai hadn't pushed Su Xiangmao too hard, he wouldn't have committed suicide. But this only constitutes a causal link in life, not in criminal law. Therefore, XinXin Zhai does not have to bear criminal responsibility for Su Xiangmao's death.
XinXin Zhai and Su Xiangmao signed a divorce agreement.
XinXin Zhai forced Su Xiangmao to sign a very unfavorable divorce agreement on the grounds that Su Xiangmao's business operation may be illegal, which many people think is extortion. If there is no divorce agreement, it may really constitute extortion. However, the two sides signed a divorce agreement, which is seriously unfavorable to Party B, which is a legal agreement. We can't convict the client because of a legal agreement, or one of the three divorced couples will go to prison.
If you want to file a case against XinXin Zhai for extortion, you must prove that XinXin Zhai has planned for a long time before getting married. This is a legal form to cover up illegal purposes, but it is very difficult to prove.
Finally, although it is impossible to file a criminal case, Su Xiangmao's family can file a civil lawsuit in XinXin Zhai to recover some losses.
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