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It depends on whether the amount of fraud is huge, and the key to the degree of punishment lies in whether the amount of insurance money obtained by fraud reaches a large amount, and if it does not reach a large amount, it can be dealt with as a general violation of the Insurance Law, and reaching a large amount constitutes the crime of insurance fraud.
According to the Criminal Code, the law on the issue of insurance fraud has the following provisions:
In the crime of insurance fraud, where the amount is relatively large, the sentence is up to five years imprisonment, short-term detention, controlled release, and a concurrent sentence ranging from 10,000 to 100,000 RMB; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment or confiscation of property is to be given. Those who defraud insurance money by deliberately setting fire, injuring people, spreading infectious diseases, abuse, abandonment, etc., resulting in property damage, death, disability, or illness of the insured, all fall within the scope of insurance fraud.
Fabricating false reasons often occurs in auto insurance fraud, most typically in the case of a drunk driving accident changing drivers. According to our customs, whether it is a family dinner or a gathering of friends, it is always like to convince each other, and many times drivers are not immune, drunk driving hits the pillar, hits the guardrail news from time to time. Drunk driving is an offense, and insurance companies do not compensate for damages.
As a result, some drunk drivers who buy full insurance for their cars will choose to have passengers without a driver's license as accident drivers in order to cheat insurance claims and reduce their own losses.
In reality, there are also people who try to get insurance money by hurting others or self-harming. Many people who cannot repay their foreign debts will be forced to commit insurance fraud, first taking out accident insurance for themselves, and then creating the illusion of being robbed and stabbing themselves in order to win sympathy and defraud the insurance money. However, the injury can easily be found to be self-healing, and self-injurious people are often denied compensation by insurance companies.
So don't take chances, thinking that you can cheat you out of a good amount of insurance money, but it often backfires. Regardless of whether the scammer is attempted or successful, he will feel that the gains outweigh the losses, and some will have to pay a terrible price.
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In China, the punishment for serious illness insurance fraud is actually very large, because China's words are actually relatively strict in this regard, and such a person, if the circumstances are serious, they will be compensated and all must be returned, and they will also have to bear certain legal responsibility.
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will be punished by law. This is a very incorrect practice, and it feels like a crime of fraud.
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You may be detained for a period of time and you will be fined, which is very serious and should not be done.
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Legal analysis: insurance fraud is fraud, and civil liability will be borne, and if it is found to be light, it will be fined, and the heavy will bear certain criminal liability. China's Criminal Law stipulates that if an individual commits the crime of insurance fraud, and the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term detention, and shall be sentenced to fixed-term imprisonment of not less than 10,000 yuan but not more than 100,000 yuan, and shall be sentenced to fixed-term imprisonment of not less than 20,000 yuan but not more than 200,000 yuan, and shall also be sentenced to a fine of not less than 20,000 yuan but not more than 200,000 yuan, or confiscation of property.
Where a unit commits the crime of insurance fraud, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to fixed-term imprisonment of not more than 5 years or the amount of short-term detention is huge or there are other serious circumstances, and where the sentence is between 5 and 10 years imprisonment is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment is to be given. In order to prevent insurance fraud, the main means of insurance companies are on-site investigation and re-inspection, and in the process of investigation, the insurance company will monitor the investigation through the background. In the event of a false case, the company or the defrauder will directly contact the claimant to refuse the claim or report to the police.
Civil or criminal liability can generally be pursued through the police, and for those who have a better attitude, the insurance company will recover the compensation and give a warning. 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 five and ten years imprisonment is to be given, and where the fine is 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 fine of between 20,000 and 200,000 RMB or confiscation of property
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 or exaggerates the extent of the loss of the insured accident to obtain the insurance money by fraud (3) The policyholder, the insured or the beneficiary fabricates an insurance accident that has not occurred and defrauds the insurance money (4) The policyholder or the insured intentionally causes property damage to the insurance accident and defrauds the insurance money (5) The policyholder or beneficiary intentionally causes the death of the insured. Disability or illness, defrauding insurance money.
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Fixed-term imprisonment or short-term detention.
Where insurance fraud is carried out, the offender is to be sentenced to up to five years imprisonment or short-term detention and a fine of between 10,000 and 100,000 RMB. where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment is to be given.
and a 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 Monster property is to be given. Rolling hall pants.
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1. What are the penalties for insurance fraud?
1. What penalties will be imposed for insurance fraud need to be decided on a case-by-case basis
1) If the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is generally given, and a fine of between 10,000 and 100,000 RMB is to be given;
2) If 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 shall be given.
2. Legal basis: 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 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 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 policyholder deliberately fabricates the subject matter of insurance and defrauds the insurance money;
2) The policyholder, the insured insurer 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 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 to obtain insurance money.
Where there is conduct listed in items (4) and (5) of the preceding paragraph, and at the same time it is clear that the brother has committed 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.
2. What is the standard for filing a case for insurance fraud?
The standard for filing a case of insurance fraud is generally more than 10,000 yuan. If any of the following circumstances are suspected, they shall be prosecuted:
1. Individuals commit insurance fraud, with an amount of more than 10,000 yuan;
2. The unit commits insurance fraud, and the amount is more than 50,000 yuan.
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Legal Analysis: 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;
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 10 or more years imprisonment is to be given, and a concurrent fine of between 20,000 and 200,000 yuan including hail is to be given, or property is to be confiscated
1) The policyholder deliberately fabricates the subject matter of insurance and defrauds the insurance money;
2) The policyholder, the insured or the beneficiary wantonly fabricates false reasons or exaggerates the extent of losses in connection with the occurrence of insurance to obtain 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 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 insurance accident deliberately raises and discloses false supporting documents to provide conditions for others to defraud, it is to be punished as an accomplice to insurance fraud.
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Article 88 of the Social Insurance Law stipulates that if a person obtains social insurance benefits by fraud, forgery of supporting materials or other means, the social insurance administrative department shall order the return of the social insurance money obtained by fraud and impose a fine of 2 to 5 times the amount fraudulently obtained. In fact, defrauding social security** is not only an administrative penalty, but also a criminal offense. Article 266 of the Criminal Law stipulates that the crime of fraud refers to the deception of public or private property, and if the amount is relatively large, the sentence shall be fixed-term imprisonment of not more than three years, criminal detention or public surveillance; where the amount involved is huge, a sentence of 3 to 10 years imprisonment and a concurrent fine may be imposed; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or even life imprisonment may be given, and a concurrent fine or confiscation of property may be given.
Therefore, the hospitals involved, the smugglers who organized all the patients to defraud the insurance, and even the patients who used the medical insurance card to be hospitalized will face relevant penalties.
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, a sentence of between 3 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 or confiscation of property. Where this Law provides otherwise, follow the provisions to make a guess.
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Legal analysis: If the amount of insurance fraud is not large (less than 10,000 yuan), it does not constitute a crime, and the administrative department shall be fined in accordance with the relevant provisions of the state; If the insurance fraud exceeds 10,000 yuan, it constitutes the crime of insurance fraud, and if it is found and not defrauded, it will also be punished and dealt with as an attempt to commit a crime.
legal basis; Insurance Law of the People's Republic of China Article 131 Where the policyholder, insured or beneficiary commits any of the following acts and engages in insurance fraud activities, which constitutes a crime, criminal liability shall be investigated in accordance with law; 1) The policyholder deliberately fabricates the subject matter of insurance and defrauds the insurance money; (2) Falsely claiming that an insured accident has occurred without an insured accident occurring, or fraudulently obtaining insurance money; (3) Intentionally causing an insured accident of property damage and fraudulently obtaining insurance money; (4) Intentionally causing the insured's death, disability, illness, or other personal insurance accidents, and fraudulently obtaining insurance money; (5) Forging or altering certificates, materials and other evidence related to an insured accident, or instigating, instigating, or bribing others to provide false certificates, materials, or other evidence, fabricating a false report of the cause of the accident, or exaggerating the extent of losses, or fraudulently obtaining insurance money.
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Patient insurance fraud (medical insurance) has the following consequences:
1. If the medical insurance fraud is a minor incident, the social medical insurance shall be returned**, and a fine of not less than two times but not more than five times the amount involved in the violation of laws and regulations shall be imposed at the same time;
2. If it causes serious losses, it can suspend its social medical insurance benefits;
3. If a crime is constituted, it shall be transferred to the judicial organ for investigation of criminal responsibility in accordance with law.
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Did you think so about your minor injuries or was it forensically identified? You may be sentenced to between 3 and 10 years for intentional injury. However, it may also be judged to be justified defense.