Men were detained for stealing 1.5 million wivespremarital property on suspicion of theft and other crimes

category:Society
 Men were detained for stealing 1.5 million wivespremarital property on suspicion of theft and other crimes


Recently, there was such an episode in a divorce lawsuit between Zeng Zhao (all aliased names below) and her husband Wang Chuan. Zeng Zhao sued his husband, Wang Chuan, for stealing his property. Then, does Wang Chuans act of stealing Zeng Zhaos money constitute the crime of theft?

Wife or husbands money, take it? Recently, the Yueyang Pingjiang Court gave different answers when trying a case.

In the divorce case, Zeng Zhao filed a lawsuit requesting her husband, Wang Chuan, to repay the illegal possession of the plaintiffs premarital property and the property of close relatives totaling 1.5 million yuan. Originally, Wang Chuan secretly transferred Zeng Zhaos pre-marital property to his account and squandered it. Although not yet divorced, Zeng Zhaoyi reported to the police in a fit of pique.

On December 18, the reporter learned that Wang Chuan and Zeng Zhao had been divorced by the court. At present, Wang Chuan is detained in detention centre for suspected criminal offences such as theft.

The husband stole his wifes premarital property

In January 2017, Zeng Zhao and Wang Chuan met at a party and established their love relationship in May of the same year. On June 14, 2018, one year after falling in love, Zeng Zhao and Wang Chuan registered for marriage. However, Zeng Zhaos relationship with Wang Chuan lasted less than half a year. After his marriage, Wang Chuan became addicted to online gambling and drug addiction, and borrowed money everywhere. The couple quarreled many times and their relationship deteriorated gradually. After Zeng Zhao sued for divorce, in December 2018, the Pingjiang Court decided that Zeng Zhao and Wang Chuan were divorced. After their marriage, they had no common children, no common property and joint debts.

In the divorce lawsuit between Zeng Zhao and Wang Chuan, an episode occurred. Zeng Chan said that Wang Chuan had already owed huge debts due to gambling. Especially in July 2018, she discovered that Wang Chuan had stolen the bank card password shared by Zeng Chan and his two sisters, and had stolen 1 million 500 thousand yuan from his sister by Alipay. Wang Chuans behavior has broken Zengs heart.

In August of that year, Zeng Zhao reported to the public security bureau. After that, Wang Chuan was detained on suspicion of embezzlement, fraud, theft and other criminal offences.

Wang Chuan admitted stealing 1.5 million yuan, but in the face of his wifes disappointment, he still hopes to save his marriage. Can not divorce or do not want to divorce, I still have feelings with Zeng Zhao, until I return to prison slowly start the family, I hope she can give me a chance. Wang Chuan said.

The Pingjiang Court held that Zeng Zhao and Wang Chuan lacked understanding before marriage, their emotional foundation was not strong, and they did not establish deep marital feelings after marriage, and Wang Chuan took drugs after marriage and indulged in gambling. After many persuasions from Zeng Zhao and his family, they still remained unchanged. Now Wang Chuan was detained in violation of criminal law. The relationship between Zeng Zhao and Wang Chuan should be deemed to have broken down, and the litigation petition of Zeng Zhao for divorce should be considered. Wangchuans debt to Zengs relatives due to gambling and his theft of Zengs property were charged to the procuratorial organs and dealt with separately. Therefore, the judgment granted the divorce of the plaintiff Zeng Zhao and Wang Chuan.

The stealing of premarital property meets the constitutional requirements of theft

Among the 1.5 million yuan stolen by Wang Chuan, a part belonged to Zeng Zhaos sister and a part belonged to his wife Zeng Zhao. Does Wang Chuans theft of Zeng Zhaos money constitute theft?

But in this case, it can be ascertained that the money stolen by Wang Chuan belongs to Zeng Zhao and is her personal property before marriage. Therefore, Wang Chuans behavior conforms to the constitutional conditions of theft. In addition, if there is a written agreement between husband and wife that the property after marriage belongs to each other, in this case, if the wife steals the husbands property or the husband steals the wifes property, it is also eligible for the composition of theft.

Does Wang Chuans behavior conform to the constitutive conditions of theft and certainly constitute theft? According to Article 8 of the Interpretation of the Supreme Peoples Court and the Supreme Peoples Procuratorate on Several Questions Concerning the Application of Law in Handling Criminal Cases of Theft, it is generally not considered a crime to steal the property of family members or close relatives and obtain an understanding; if criminal responsibility is investigated, it shall be lenient as appropriate.

According to the Interpretation of the Supreme Peoples Court on Several Questions Concerning the Application of Law in Trial of Theft Cases, stealing property from ones own family or close relatives may not be dealt with as a crime in general; if it is necessary to investigate criminal responsibility, the punishment should also be different from that of committing a crime in society. So-called really necessary, generally the index amount is larger, the plot is more serious, or has led to serious consequences.

In this case, if Zeng Zhao did not report to the police or investigate the criminal responsibility of the man after he knew that Wang Chuan had stolen his savings, he should be regarded as a man who has obtained the understanding of the woman, not a crime. But Zeng Zhao chose to call the police during the marriage, and Wang Chuan stole a large amount of money, his behavior may be considered as a crime of theft.

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The daughter was sentenced to three years for stealing money from her parents

Zhang Mou had no money to spend, so he put his idea to his mothers purchase savings. She stole Ma Mous bank card passbook from her study at home and took 70,000 yuan from her passbook. Zhang used part of her money to pay off her debts, part of her money to buy drugs, etc. The rest of her money was spent on all kinds of luxuries. During this period, parents who knew their daughter had the habit of petty theft had criticized and educated Zhang many times, but she turned a deaf ear to it. Later, the parents found that Zhang had stolen the money he was going to use to buy a house, so they reported the case to the public security organs. After Zhang Mou was captured, she told the prosecutor that she knew she was wrong and hoped that her parents would forgive herself. She would change her mind in the future. But Ma Mou and his wife strongly demand that Zhang Mou be investigated for criminal responsibility according to the law of theft. The Yima City Court recently sentenced Zhang Mou to three yearsimprisonment for theft after a public prosecution was filed by the Yima City Procuratorate in Henan Province. Source: Xiaoxiang Morning News Responsible Editor: Wang Lishan_NBJS7182

Zhang Mou had no money to spend, so he put his idea to his mothers purchase savings. She stole Ma Mous bank card passbook from her study at home and took 70,000 yuan from her passbook. Zhang used part of her money to pay off her debts, part of her money to buy drugs, etc. The rest of her money was spent on all kinds of luxuries.

During this period, parents who knew their daughter had the habit of petty theft had criticized and educated Zhang many times, but she turned a deaf ear to it. Later, the parents found that Zhang had stolen the money he was going to use to buy a house, so they reported the case to the public security organs. After Zhang Mou was captured, she told the prosecutor that she knew she was wrong and hoped that her parents would forgive herself. She would change her mind in the future. But Ma Mou and his wife strongly demand that Zhang Mou be investigated for criminal responsibility according to the law of theft. The Yima City Court recently sentenced Zhang Mou to three yearsimprisonment for theft after a public prosecution was filed by the Yima City Procuratorate in Henan Province.