How to convict of insurance fraud

Conviction Criteria:

1.The object of the crime.

2.Objective aspect of the crime: This crime is objectively manifested in the following ways, carrying out insurance fraud activities, and the amount is relatively large:

1) Policyholder.

Deliberately fabricating the subject matter of insurance and defrauding 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, and defrauds the insurance money.

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

4) The insured or the insured deliberately causes property damage to the insured accident 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.

3.Subject of the crime: The subject of this crime is a special subject, that is, the policyholder, the insured and the beneficiary, including natural persons and units.

4.Subjective aspect of the crime: The crime is intentional in the subjective aspect, and negligence does not constitute the crime.

Principal Elements

The subject of this crime is a special subject, which can only be composed of the policyholder, the insured, and the beneficiary. The policyholder, the insured, and the beneficiary here can be capable of criminal responsibility and have reached the age of criminal responsibility.

natural persons, which can also be units. The so-called policyholder refers to a person who has entered into an insurance contract with the insurer and has the obligation to pay insurance premiums in accordance with the insurance contract.

The insured refers to his property or person who is protected by the insurance contract and has the right to claim insurance money.

The policyholder can become the insured; The beneficiary refers to the person designated by the insured or the policyholder in the life insurance contract to have the right to claim insurance money. The policyholder and the insured can become the beneficiary.

In addition, if an appraiser, certifier, or property appraiser of an insured accident intentionally provides false supporting documents to provide conditions for others to defraud, he shall be punished as an accomplice to insurance fraud. The unit can also constitute this crime, because the unit can also become the policyholder, the insured, and the beneficiary.

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The conviction of insurance fraud is as follows: 1. Where the amount is relatively large (10,000 yuan or more for an individual and 50,000 yuan or more for a unit), a sentence of up to 5 years imprisonment or short-term detention and a fine of between 10,000 and 100,000 yuan is imposed. 2. Where the amount is huge (50,000 yuan or more for an individual, 250,000 yuan or more for a unit) 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 yuan is to be given.

3. Where the amount is especially huge (more than 200,000 yuan for individuals and more than 1,000,000 yuan for units) or there are other especially serious circumstances, a sentence of 10 years imprisonment or not more is to be given, and a fine of not less than 20,000 yuan but not more than 200,000 yuan or confiscation of property is to be given. 4. Where a unit commits a crime, the unit shall be fined; The directly responsible managers and directly responsible personnel are to be sentenced to fixed-term imprisonment of not more than 5 years or short-term detention (fixed-term imprisonment of not less than 10 years if a crime is constituted (fixed-term imprisonment of not less than 10 years if the amount is huge or there are other serious circumstances (where the amount is especially huge or there are other especially serious circumstances).

Individuals who engage in insurance fraud and fraud, and the standard for filing a case is more than 10,000 yuan; If a unit commits insurance fraud, the standard for filing a case is more than 50,000 yuan. Sentencing is divided into three levels, and 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; 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.