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Agricultural insurance fraud filing standard
1. According to the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the prosecution standard of economic crime cases, in any of the following circumstances, the criminal responsibility of the insurance fraudster shall be investigated according to law: (1) The amount of personal insurance fraud is more than 10000 yuan (mainly refers to the behavior of the insured, the insured or the beneficiary who defrauds insurance money by fabricating facts or concealing facts in violation of the insurance law), and the accumulated amount.
2. According to Article 198 of the Criminal Law of People's Republic of China (PRC), the crime of insurance fraud: if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 654.38 million yuan but not more than 654.38 million yuan shall be imposed; 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. 200,000 yuan; 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 and fined not less than 20,000 yuan but not more than 20,000 yuan. 200,000 yuan or confiscation of property.
1. The applicant refers to the person who enters into an insurance contract with the insurer and pays the insurance premium according to the insurance contract. The insured refers to the person who has the right to claim damages or collect insurance premiums from the insurer according to the insurance contract when an insured accident occurs or the agreed period expires. Beneficiary refers to the person who is agreed in the insurance contract or enjoys the right of insurance money according to law.
2. According to the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud, swindling public and private property of more than 3,000 yuan to 1 10,000 yuan, 30,000 yuan to 1 10,000 yuan, and 500,000 yuan are respectively recognized as "huge amount" and "huge amount" as stipulated in Article 266 of the Criminal Law. Whoever cheats public or private property to the above amount standard in any of the following circumstances may be given a heavier punishment in accordance with the provisions of Article 266 of the Criminal Law:
(1) sending short messages, making phone calls or publishing false information on the Internet, radio and television, newspapers and magazines to defraud an unspecified majority;
(two) defrauding the disabled, the elderly and the disabled;
(3) If the amount of fraud is close to the above-mentioned standards of "huge amount" and "especially huge amount", and it falls into one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" as specified in Article 266 of the Criminal Law.
(four) defrauding disaster relief, flood control, special care, poverty alleviation, immigration, rescue, medical care and other funds and materials;
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