What crimes might Kris Wu and Do Mizhu's emotional dispute involve?

Recently, the dispute between Wu Yifan and Du Meizhu has caused a stir online, with public opinion overwhelmingly condemning Wu Yifan. Only the parties involved know the truth. It is noteworthy whether Wu Yifan or Du Meizhu may be involved in criminal offenses in this incident, and what the charges might be.

First, insult and defamation. Du Meizhu mentioned on Weibo: "It ended in two or three minutes, do you know what the real feeling is like? Most likely, it's like you want to pick your nose, but you originally wanted to use your finger, but you can only use a toothpick." "...your selection requirements are all post-00s and underage girls who are taking the college entrance examination. As the age of the victims gets younger and younger, from mj to lj..." Article 246 of the Criminal Law: "Publicly insulting others by violence or other means, or fabricating facts to defame others, if the circumstances are serious, shall be punished with imprisonment for not more than three years, detention, surveillance, or deprivation of political rights. The crime in the preceding paragraph shall be prosecuted only upon complaint, except for those that seriously endanger social order and national interests." As of now, Du Meizhu's Weibo post has been forwarded 281,000 times, commented on 649,000 times, and liked 10.6 million times. If it is determined that Du Meizhu's actions constitute public insult and the circumstances are serious, it may constitute the crime of insult. If it is verified that, as Wu Yifan stated on Weibo: "There was no 'rape,' no 'minors'," and Wu Yifan's statement is factual, and Du Meizhu's statement is not factual, then Du Meizhu's act of fabricating facts to defame others may constitute the crime of defamation. However, the crimes of insult and defamation are prosecuted only upon complaint, and Wu Yifan himself must sue the court to pursue Du Meizhu's criminal responsibility. 。

Second, extortion. Wu Yifan's studio posted on Weibo: "Starting at 6:27 pm on July 10, 2021, Du Meizhu communicated with the studio staff to demand 2 million yuan, and proactively proposed that after the studio paid the money, she would delete the published posts and close her Weibo account... At 3:09 am on July 11, 2021, the amount demanded increased to 8 million yuan, then decreased to 5 million yuan, and finally settled at 3 million yuan." Article 274 of the Criminal Law stipulates: "Extorting public or private property, if the amount is relatively large, shall be punished with imprisonment for not more than three years, detention, or surveillance; if the amount is huge or there are other serious circumstances, shall be punished with imprisonment for not less than three years but not more than ten years." The objective aspect of extortion is manifested in the perpetrator's use of threats, coercion, intimidation, etc., to force the victim to hand over property. Du Meizhu's actions can be identified as coercion, which usually refers to seizing certain weaknesses of the victim or creating an excuse to force them to hand over property. If Wu Yifan's studio's statement is factual, then Du Meizhu's act of demanding money may constitute the crime of extortion.

Third, rape. As mentioned above, Du Meizhu pointed out on Weibo that Wu Yifan engaged in mj and lj behaviors. Article 236 of the Criminal Law stipulates: "Rape of a woman by violence, coercion, or other means shall be punished with imprisonment for not less than three years but not more than ten years. Rape of a girl under the age of fourteen shall be treated as rape and punished more severely. Rape of a woman or a girl under the age of fourteen shall be punished with imprisonment for not less than ten years, life imprisonment, or death penalty if any of the following circumstances exist: (1) The rape of a woman or a girl under the age of fourteen is heinous; (2) The rape of multiple women or girls under the age of fourteen; (3) Publicly raping a woman in a public place; (4) Gang rape by two or more persons; (5) Causing serious injury, death, or other serious consequences to the victim." If Du Meizhu's statement is factual, and Wu Yifan did engage in mj and lj behaviors, then it constitutes the crime of rape. Some people may ask, Wu Yifan is not Chinese, can his criminal responsibility be pursued under the Chinese Criminal Law? According to Article 6, paragraph 1 of the Criminal Law: "Anyone who commits a crime within the territory of the People's Republic of China shall be subject to this Law, unless otherwise specifically provided by law." As long as the crime was committed in China, the Chinese Criminal Law can be applied to pursue his criminal responsibility.

Fourth, false accusation. Article 243, paragraph 1 of the Criminal Law stipulates: "Fabricating facts to falsely accuse and frame others with the intention of causing them to be criminally prosecuted, if the circumstances are serious, shall be punished with imprisonment for not more than three years, detention, or surveillance; if serious consequences are caused, shall be punished with imprisonment for not less than three years but not more than ten years." If Du Meizhu's statement is not factual, and Wu Yifan is investigated by the public security organs due to the fabricated facts by Du Meizhu, then Du Meizhu's actions may constitute the crime of false accusation.  

In conclusion, the truth is unclear, please be rational. If a crime is suspected, we believe that our public security organs will thoroughly investigate and will not tolerate it!

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Author: Lawyer Wang Ting Senior Partner, Zhejiang Hangtianxin Law Firm

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