The dispute between singer Huo Zun and his ex-girlfriend Chen Lu has aroused social concern. Huo Zun and his family reported the case to the Shanghai police in late August.
On the afternoon of December 23, according to the surging news, the reporter learned from the Xuhui Branch of the Shanghai Municipal Public Security Bureau that chen was suspected of extortion and extortion, and on December 22, chen was released on guarantee pending further investigation.
▲Screenshot of the surging news report
What are the legal consequences of suspected extortion? How to distinguish between negotiated negotiations and extortion when a boyfriend and girlfriend break up? What fees can I get back or charge for a breakup? Can one party propose "youth compensation" to the other? Around these issues, the Red Star News reporter interviewed two legal experts for analysis.
Feng Wei, a lawyer at Beijing Gaopeng Law Firm, explained that in the negotiation and negotiation of breakup, one party uses the advantage of factors such as poor information and weak psychology of the other party to strive for more benefits, which is essentially still a legitimate way to exercise civil private rights. If the threat of exposing privacy, revealing some kind of secret, etc., as a condition for aggravation, will turn into extortion.
Hu Yongping, a lawyer at Beijing Horizon Law Firm, said that judging from some information disclosed on the Internet, the amount of Chen's case may have reached a "particularly huge" level, and the sentence may be more than 10 years. However, considering the peculiarities of the relationship between the parties in this case, and the fault of one party, the court may not have imposed such a harsh sentence.
Lawyer Analysis: Breakup Negotiation or Extortion?
If you use the threat of privacy to extort money, you are suspected of extortion
How to distinguish between negotiation and extortion in the event of a breakup? Hu Yongping said that when the two parties broke up, one party asked the other party for a breakup fee on the grounds that his feelings were hurt and wasted his youth, and if the other party gave it voluntarily, the law would not ask. If one party threatens to expose its privacy or other facts that are not conducive to the other party, it may be suspected of extortion.
Hu Yongping explained that the crime of extortion refers to the use of intimidation, threats or blackmail against the victim for the purpose of illegal possession, illegally occupying the victim's public or private property, thus constituting a crime. Therefore, the difference between the two is whether the parties use threats, intimidation and other means to ask for money.
"The key is to see whether the party suspected of extortion has the objective performance of 'threatening the other party with some means of committing some positive aggression that will be committed', and whether the two parties are in a position of obvious asymmetry." Feng Wei said that the dominant position in the negotiations is different from extortion. The advantage of one party taking advantage of factors such as poor information and the weak psychology of the other party to strive for more benefits in negotiations and consultations is still a legitimate way to exercise civil private rights in essence. However, if we seize certain handles of the other party or create some kind of excuse to force it to deliver property, with the threat of exposing privacy, disclosing certain secrets, exposing illegal facts, etc., as a condition for aggravating harm, it will turn into extortion.
▲Huo Zun and Chen Lu took a group photo
If the offence of extortion is constituted and the amount is particularly large
Or face a sentence of more than 10 years and a fine
What are the legal consequences of suspected extortion? Hu Yongping said that article 274 of the Criminal Law stipulates that whoever extorts public or private property, with a relatively large amount or multiple extortions, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Whoever has a particularly large amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.
Hu Yongping mentioned that according to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Extortion and Extortion, extortion of public or private property worth more than 2,000 to 5,000 yuan, 30,000 yuan to 100,000 yuan, and 300,000 yuan to 500,000 yuan or more should be determined to be "a relatively large amount", "a huge amount", and a "particularly huge amount" as provided for in article 274 of the Criminal Law. According to the Interpretation, where extortion occurs more than three times in two years, it shall be deemed to be "multiple extortions".
Hu Yongping said that from the information disclosed on the Internet, the amount of money involved in Chen's case may have reached the level of "a particularly huge amount", and the sentence was more than 10 years. However, considering the particularity of the relationship between the parties in this case, and if one party had been at fault, the court might not have imposed such a harsh sentence.
Feng Wei also mentioned that once Chen is found to constitute extortion and the amount is particularly large, he will face more than ten years of fixed-term imprisonment and a criminal consequence of a fine.
Some male and female friends may not be able to calculate the gains and losses of money and other aspects when interacting. And when you break up, what fees can you get back or collect? Can one party propose youth compensation? Feng Wei explained that if the gift is only to express the love between the couple to take the initiative to pay, or for daily living expenses, according to the general life experience, it is a general gift, as long as it is delivered, the ownership of the property has changed, it belongs to the other party without compensation, and the party who receives the gift will not return it.
"If the gifted property is premised on marriage, such as a large amount of money such as buying a house and a car, and has the nature of a 'bride price' for marriage, and the purpose of the gift after the two people break up is frustrated, according to the relevant judicial interpretation, the recipient of the gift should be returned." Feng Wei said.
Hu Yongping also mentioned that during the love period, the two parties give some property to each other, which can be regarded as a normal gift relationship, and if the property given by one party to the other party is not large and the value is not large, it is generally not allowed to be returned; if the amount of property is large, the value is large, or the party who suffers property losses causes living difficulties due to gifts or other expenses, the other party can also be required to return all or part of it, and if the gift has been damaged and does not exist, it can be compensated at a discount.
Regarding the "youth compensation fee", Hu Yongping and Feng Wei both said that there is no legal basis for this. According to the specific circumstances of the interaction, one party voluntarily gives the other party a certain amount of compensation, which is not prohibited by law. However, if one party is not willing to pay compensation and the other party forcibly demands it through coercion, intimidation and other means, it will constitute a crime.
Lawyer: The negotiation of property division in the event of divorce is legal and reasonable
Threats or other means to claim undeserved property may also be suspected of extortion
Is there a difference between property division negotiations in divorce and negotiations when the parties in love break up? Will there be any suspicion of extortion?
Feng Wei explained that after the marriage breaks down, the division of property, the man and the woman themselves have joint ownership of the family property, and it is legal and reasonable to negotiate on the division of property. For the two parties in love who have not entered the marriage, the two parties themselves generally do not form common property, and for each other's property, one party often lacks reasonable claims for ownership.
Hu Yongping mentioned that the division of marital property is a right granted by law to the parties, and the law stipulates that the wrong party has less or no division, and there is no legal basis for male and female friends to break up and ask for youth breakup fees, so there is still a big difference between the division of marital property and the act of asking for money before marriage. After divorce, if you threaten, intimidate and ask for money by exposing privacy and other means, you will also be suspected of extortion, which is the same as the nature before marriage.
"In a divorce dispute, one party may also have a lot of or even extortion. However, the division of property after divorce itself has clear rules in law, unless the parties voluntarily reach a division agreement. If one party uses the other party's privacy and other controls to obtain too much of the property that should not have been obtained by means of threats, blackmail, intimidation, etc., it will also constitute a crime. Feng Wei said.
Red Star News reporter Gao Xin reported from Beijing
Edited by Chai Chang