What if the wife cheats and the third party claims compensation?

Case Replay Wang Chao suspected that his wife Tian had committed adultery with others. 20 16 On the evening of September 20th, Wang Chao found Tian and the adulterer Feng in the rented house where he lived. At about 2 1 morning 1, Wang Chao called relatives at home to catch the rape. Upon arrival, Wang Chao called the police. The police did not call the police on the grounds that the emotional disputes between husband and wife were resolved by both parties themselves. Then Wang Chao and others entered the room in the name of checking the temporary residence permit. In the room, Wang Chao and others bound and beat Tian and Feng, and took photos of them with their mobile phones, leaving evidence of adultery. During this period, Wang Chao called the police again, but the police still failed to call the police on the grounds that the emotional disputes between husband and wife were resolved by both parties themselves. Wang Chao asked Feng how to solve the problem, and offered to compensate him for mental damages of 65,438+10,000 yuan. Feng said he didn't have that much money. During this period, Wang Chao beat Tian and threatened to send photos to Feng's wife, forcing Feng to agree to continue to discuss compensation. After that, Feng compensated Wang Chao for 38,000 yuan. Feng borrowed money from his friend Su, and it was not until the early morning of June 2 1 day 10 that Feng got the compensation of 28,000 yuan and the loan note 10000 before letting Feng leave. Afterwards, Feng called the police, and Wang Chao and others were criminally detained. 2017165438+127 October, the local procuratorate filed a public prosecution with the court for extortion. Wang Chao argued that this case was a civil dispute, and the compensation agreement was voluntarily issued by Feng, believing that his behavior had caused him mental loss. If he thinks the compensation amount is too high, he should bring a lawsuit to the court. And when I entered the rental house, I called the police. I didn't intend to illegally occupy other people's property, because the police didn't call the police, which led to the subsequent negotiation, and I have returned the 28,000 yuan involved to Feng, so I am innocent. Lawyer analysis First of all, according to Feng's statement and witness testimony, it is confirmed that Wang Chao proposed Feng for compensation. Secondly, Wang Chao's beating behavior didn't just happen at the moment when adultery was discovered. In the process of compensation, there are also beatings and threats. Moreover, Wang Chaoren was numerous, and Feng's personal freedom was always restricted by Wang Chao. The two sides did not negotiate the compensation amount on the basis of voluntariness and equality. Feng was scared when he was beaten, threatening to send photos to his wife, and his personal freedom was restricted. Based on this fear, he disposed of his property, and then Wang Chao got it. Thirdly, although Feng's behavior did cause Wang Chao's mental damage, and the law did not prohibit Wang Chao from solving disputes through private relief, Wang Chao's means of exercising his rights were beyond the scope permitted by law, and Wang Chao's alarm behavior could not prevent the establishment of the crime. To sum up, this case conforms to the constitutive requirements of the crime of extortion and should be recognized as the crime of extortion. The court found Wang Chao guilty of extortion, sentenced him to one year's control and fined him 5,000 yuan. Lawyers suggest that in divorce fault compensation, the innocent party can only claim fault compensation from its spouse, and from the legislative intent, it should not be allowed to file such lawsuits with anyone other than its spouse. Therefore, the subject liable for damages is the spouse of the innocent party and cannot be brought to anyone outside the marriage relationship. Only when one party has an extramarital dispute and the other party's other rights and interests are damaged, can the third party be required to make compensation, such as reputation, personal privacy, life and health, home safety, freedom of communication, portrait rights and property rights. What if the wife cheats and the third party claims compensation? It is not illegal for a third party to cheat in marriage and give compensation. There is no legal basis for the spouse of the derailed party to claim compensation or claim compensation from a third party, but there is no legal restriction on voluntary (non-compulsory or narrow) compensation through negotiation. According to Article 109 1 of the Civil Code, if divorce is caused by one of the following circumstances, the innocent party has the right to claim damages: (1) bigamy; (2) Living with others; (3) committing domestic violence; (4) maltreating or abandoning family members; (five) there are other major faults.