What are the penalties for attempted insurance fraud, and what are the penalties for attempted insur

The Criminal Law stipulates that anyone who commits insurance fraud and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be sentenced to 10,000 yuan.

a fine of not less than RMB but not more than RMB 100,000; The amount is huge or there are other serious circumstances.

The sentence is between 5 and 10 years imprisonment and a concurrent sentence of between 20,000 and 200,000 RMB.

fines below RMB; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given.

or confiscation of property.

The Criminal Law also stipulates that the punishment for attempted offenders may be mitigated or mitigated by comparison with those committed before they have been committed.

1. Insurance fraud is successful and the amount is relatively large, constituting the crime of insurance fraud.

In the event of an attempt, it will be dealt with as a general violation of the Insurance Act.

It is a fraud, and the circumstances are minor and exempt from punishment.

Legal analysis: According to the "Interpretation of the Crime of Fraud", attempted fraud can only be convicted and punished if the circumstances are severe. In other words, for the crime of attempted fraud, there are only two circumstances: serious circumstances and particularly serious circumstances.

Serious circumstances are a basic criterion for pursuing criminal responsibility, and particularly serious circumstances are a condition for aggravating criminal punishments. Obviously, in the absence of explicit provisions in the Criminal Law, there are only two corresponding punishment levels: fixed-term imprisonment of not more than three years, short-term detention or controlled release, and fixed-term imprisonment of not less than three years but not more than ten years. Therefore, the offence of attempted fraud can only be sentenced within the range of fixed-term and fixed-term fixed-term imprisonment, criminal detention and controlled release.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances in those who give a reprieve, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

The crime of insurance fraud is to be sentenced in accordance with the following circumstances, and if it is an attempt, the punishment may be mitigated or reversed by comparison with the following provisions. Article 198 of the Criminal Law provides that in any of the following circumstances, a person who commits insurance fraud and the amount involved is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of not less than 10 years imprisonment is to be given, and a concurrent fine of between 20,000 and 200,000 RMB or confiscation of property is to be given.

Article 198 of the Criminal Law of the People's Republic of China: In any of the following circumstances, where insurance fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 10,000 and 100,000 RMB is to be given; where the amount involved is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 20,000 and 20,000 yuan is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment is to be given, and a concurrent fine of between 20,000 and 200,000 RMB or confiscation of property is to be given: (1) The insured deliberately fabricates the subject matter of insurance and defrauds the insurance money; (2) The policyholder, the insured or the beneficiary fabricates false reasons for the occurrence of the insured accident or exaggerates the extent of the loss, thereby defrauding the insurance money; (3) The policyholder, the insured or the beneficiary fabricates an insurance accident that has not occurred to defraud the insurance money; (4) The insured or the insured intentionally causes an insured accident of property damage and defrauds the insurance money.

Attempted insurance fraud is an attempt to commit insurance fraud. In the case of attempted offenders, the punishment may be mitigated by comparison with those who have committed a completed offense or a person who commits a crime. The sentencing for the crime of insurance fraud is:

where the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine or confiscation of property is to be given.

[Legal basis].Article 23 of the Criminal Code.

An attempt to commit a crime is an attempt to commit a crime if it has already been committed and has not succeeded for reasons other than the will of the offender.

For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses.

Article 198 (1).

In any of the following circumstances, where insurance fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 10,000 and 100,000 RMB is to be given; where the amount is huge or there are other serious circumstances, the sentence is to be between 5 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment is to be given, and a concurrent fine of between 20,000 and 200,000 RMB or confiscation of property is to be given.

Legal Analysis: Attempted insurance fraud shall be mitigated by reference to the following penalty standards for completed insurance: omission.

1. where the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 10,000 and 100,000 RMB is to be given;

2. where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given;

3. Where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment is to be given, and a concurrent fine of between 20,000 and 200,000 RMB or confiscation of property is to be given.

Legal basis: Criminal Law of the People's Republic of China

Article 198:In any of the following circumstances, where insurance fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 10,000 and 100,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of not less than 10 years imprisonment is to be given, and a concurrent fine of between 20,000 and 200,000 RMB or confiscation of property is to be given.

1) The policyholder deliberately fabricates the subject matter of insurance and defrauds the insurance money;

(2) The policyholder, the insured or the beneficiary fabricates false reasons for the occurrence of the insured accident or exaggerates the extent of the loss, thereby defrauding the insurance money;

3) The policyholder, the insurer or the beneficiary fabricates an insurance accident that has not occurred and defrauds the insurance money;

(4) The insured or the insured intentionally causes an insured accident of property damage and defrauds the insurance money.

5) The policyholder or beneficiary intentionally causes the death, disability or illness of the insured and defrauds the insurance money.

Where the conduct listed in items (4) and (5) of the preceding paragraph concurrently constitutes other crimes, punishment is to be given in accordance with the provisions on combined punishment for multiple crimes.

Where a unit commits the crime in the first paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to five years imprisonment or short-term detention; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment is to be given.

Where an appraiser, certifier, or property appraiser of an insured accident intentionally provides false supporting documents to provide conditions for others to defraud, it is to be punished as an accomplice to insurance fraud.

Article 200: Where a unit commits the crimes provided for in articles 194 and 195 of this section, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to five years imprisonment or short-term detention, and may be concurrently fined; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine.