Criteria for filing social security fraud

Legal analysis: the standard of filing a case for defrauding social security: social security fund fraud can be characterized as fraud. According to the relevant judicial interpretation, if the amount of fraud reaches more than 2,000, it can be filed for prosecution. Anyone who commits this crime is generally sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined. If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.

Legal basis: Article 198 of the Criminal Law of People's Republic of China (PRC) commits insurance fraud under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan or his property shall be confiscated: (1) The applicant intentionally fabricates the subject matter of insurance to defraud the insurance money; (2) The applicant, the insured or the beneficiary fabricates false reasons or exaggerates the loss of the insured accident to defraud the insurance money. (3) The applicant, the insured or the beneficiary fabricates an insurance accident that has never happened to defraud the insurance money; (4) The applicant or the insured intentionally causes an insurance accident that causes property losses and defrauds the insurance money; (5) The applicant or beneficiary intentionally causes the death, disability or illness of the insured to defraud the insurance money. Whoever commits the acts listed in Items 4 and 5 of the preceding paragraph, which constitutes other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes. If a unit commits the crime mentioned in the first paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years. If an appraiser, witness or property appraiser of an insurance accident intentionally provides false documents to provide conditions for others to cheat, he shall be punished as * * * insurance fraud.