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It should be 5,000 yuan to file a case, but no one has checked the case, for example, my relatives stole more than 100,000 yuan of medical insurance cards in a private hospital in Shanghai, and someone reported to the Shanghai Municipal Medical Supervision Institute, and the institute did not fail to pursue responsibility, and now the criminal case has not been arrested for nearly 9 months, why do some people have to be sentenced for stealing more than 10,000 yuan? If a few thousand yuan is a fraud according to what is said on the Internet, then why the relatives have stolen more than 100,000 yuan in more than a year and are still at large depends on the relationship.
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The criteria for filing a case for fraudulent use of medical insurance cards are: the amount of fraudulent use reaches 1,000 yuan to more than 3,000 yuan. Where the value of public or private property is between 1,000 and 3,000 RMB, 30,000 to 100,000 RMB, or 300,000 to 500,000 RMB, it shall be respectively found to be 'relatively large amounts', 'huge amounts', or 'especially huge amounts' as provided for in Criminal Law article 264.
Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft
Article 1. Where the value of public or private property is between 1,000 and 3,000 RMB, 30,000 to 100,000 RMB, or 300,000 to 500,000 RMB, it shall be respectively found to be 'relatively large amounts', 'huge amounts', or 'especially huge amounts' as provided for in Criminal Law article 264.
The high people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, on the basis of the economic development situation in their respective regions and in consideration of the state of public security, determine the specific monetary standards for enforcement in their respective regions within the range of amounts provided for in the preceding paragraph, and report to the Supreme People's Court and Supreme People's Procuratorate for approval.
Where theft is made from public transportation that runs across regions, and the location of the theft cannot be verified, whether the amount stolen reaches a "relatively large amount", "huge amount", or "especially huge amount" shall be determined on the basis of the relevant monetary standards determined by the high people's court or people's procuratorate of the province, autonomous region, or directly governed municipality where the case is accepted.
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Stealing a medical insurance card is a theft in law, and it can be administratively punished by the public security organs, and if the amount is relatively large, it constitutes the crime of theft, and criminal responsibility must be borne and defeated. The funds in the social security card are the cost of basic medical insurance for urban employees paid by units and individuals, and belong to personal property. According to the constitutive elements of the crime of theft, the criminal suspect subjectively had the intent to illegally take possession, and objectively carried out the trial of the password, secretly stealing money from other people's social security accounts, and the amount was relatively large.
The act of stealing social security cards infringes on personal property ownership, rather than disrupting the financial order and the order of the market economy. In summary, the theft of social security cards should be found to constitute the crime of theft.
Article 1 of the Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Theft provides that theft of public or private property with a value of 1,000 to 3,000 RMB or more, 30,000 to 100,000 RMB or more, or 300,000 to 500,000 RMB or more shall be respectively found to be "a relatively large amount", "a huge amount", or "an especially huge amount" as provided for in article 264 of the Criminal Law.
The high people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, on the basis of the economic development situation in their respective regions, conduct a search and consider the public security situation, and within the range of amounts provided for in the preceding paragraph, determine the specific monetary standards for enforcement in that region, and report to the Supreme People's Court and Supreme People's Procuratorate for approval.
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