How to measure the penalty for social security fraud crime

Sentencing of social security fraud crime;

According to Article 266 of the Criminal Law:

Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.

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 or life imprisonment, and shall also be fined or confiscated.

Extended data:

Those who defraud public or private property and reach the starting point of "a large amount" can determine the starting point of sentencing within the range of criminal detention of less than three months to fixed-term imprisonment of less than one year. On the basis of the starting point of sentencing, every increase of 1500 yuan can increase the prison term by one month.

The starting point for defrauding public or private property is "huge amount" or "other serious circumstances", and the starting point for sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.

In any of the following circumstances, the corresponding punishment may be increased:

1, for every additional 5,500 yuan, the prison term will be increased by one month.

2. If there are "other serious circumstances", for each additional circumstance, the prison term will be increased from six months to two years.

3. Other circumstances that can increase the amount of punishment.

Fraud of public or private property, which reaches the starting point of "extremely huge amount" or has "other particularly serious circumstances", can determine the starting point of sentencing within the range of 10 to 12 years of imprisonment. Except for those who should be sentenced to life imprisonment according to law.

In any of the following circumstances, the corresponding punishment may be increased:

1. For every increase of 35,000 yuan, the sentence will be increased by one month.

2, with "other particularly serious circumstances", each additional situation, an increase of six months to two years in prison.

3. Other circumstances that can increase the amount of punishment.