What is the crime of lying and cheating insurance, and letting someone who didn t drink replace you

Fraud and deception of insurance premiums after a traffic accident is suspected of constituting the crime of insurance fraud.

The law stipulates: Article 198 of the Criminal Law [Crime of Insurance Fraud] 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 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, the sentence is to be 10 or more years imprisonment and a concurrent 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 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 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.

This kind of behavior is suspected of the crime of insurance fraud (Article 198 of the Criminal Law), that is, for the purpose of illegally obtaining insurance money, violating insurance laws and regulations, using methods such as fictitious insurance objects, insurance accidents, or creating insurance accidents, to defraud insurance companies of insurance money, and the amount is relatively large.

According to the Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases, where an individual commits insurance fraud of more than 10,000 yuan, it is considered a "relatively large amount". Therefore, if you cheat the insurance after drunk driving, and the amount of the insurance fraud reaches 10,000 yuan, you can be investigated for criminal liability.

No one checks you for this kind of thing, and if you go in and out of the place, you will have a meal.

Legal Analysis: Whether drunk driving is considered insurance fraud should be determined by whether the elements of the crime of insurance fraud are met. The crime of insurance fraud refers to the act of fraudulently obtaining insurance money from an insurance company for the purpose of illegally obtaining insurance money, violating insurance laws and regulations, using methods such as fictitious insurance objects, insurance accidents, or creating insurance accidents, etc., to defraud insurance companies of a relatively large amount.

Legal basis: Article 198 of the Criminal Law of the People's Republic of China, if an individual commits the crime of insurance fraud, and the amount is relatively large, he shall be sentenced to 5 years imprisonment or short-term detention and a fine of 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 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: Drunk driving insurance is considered a fraud, and drunk driving accidents are exempted from compensation and are not covered by compensation.

Legal basis: Article 27 of the Insurance Law of the People's Republic of China If no insured accident has occurred, but the insured or beneficiary falsely claims that an insured accident has occurred and submits a request for compensation or payment of insurance money to the insurer, the insurer shall have the right to terminate the contract and not refund the insurance premium.

If the policyholder or the insured intentionally causes an insured accident, the insurer has the right to terminate the contract and shall not be liable for compensation or payment of insurance money; Except as provided for in Article 43 of this Law, insurance premiums shall not be refunded.

If, after the occurrence of an insured event, the policyholder, the insured or the beneficiary fabricates a false cause of the accident or exaggerates the extent of the loss by forging or altering the relevant certificates, materials or other evidence, the insurer shall not be liable for compensating for the falsely reported part or paying the insurance money to the blind person.

If the policyholder, the insured or the beneficiary commits any of the acts provided for in the preceding three paragraphs, causing the insurer to pay the insurance money or expenses, it shall be returned or compensated.

The insurance clause clearly states that unilateral accidents that occur after drunk driving are within the scope of liability exemption, and the topping behavior you mentioned is insurance fraud, that is, insurance fraud, if the claim is not successful, then the insurance company generally refuses to pay for the matter. If the claim is successfully claimed and found by the insurance company and reported to the police, then the amount has reached 30,000 yuan. The person concerned will be held criminally liable for the crime of "fraud".

Legal basis: Article 266 of the Criminal Law of the People's Republic of China provides that 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.