according to the relevant laws and requirements of the state, it is illegal and criminal for individuals to defraud the state social insurance by subjective and intentional behavior. If the circumstances are serious, they need to be investigated for criminal responsibility according to law, convicted of fraud and sentenced to punishment. Usually, those who are involved in a large amount are sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and those who are involved in a huge amount are sentenced to not less than three years but not more than ten years. If the amount is especially huge, they can even be sentenced to not less than ten years, life imprisonment, fines and confiscation of property.
1. How to convict and punish individuals for defrauding social security? According to the relevant national laws and regulations, individuals subjectively and intentionally defraud social insurance by deception, and it is necessary to investigate the corresponding legal responsibilities according to law if they are suspected of committing fraud. If the circumstances are serious, they will be convicted and punished for fraud. According to the relevant national laws and regulations, social security fraud has been formally punished. The crime of defrauding social security will be punished as fraud. The interpretation of the Criminal Law stipulates that defrauding pension, medical care, work-related injury, unemployment, maternity and other social insurance benefits by fraud, forgery of certification materials or other means belongs to the act of defrauding public and private property as stipulated in Article 266 of the Criminal Law. According to the provisions of this article, whoever defrauds public or private property with a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or 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 1 years or life imprisonment, and shall also be fined or confiscated.
second, how to deal with the behavior of individuals defrauding social insurance? According to the Regulations on Labor Security Supervision and the Administrative Punishment Law, it is illegal for individuals to defraud social insurance. If the circumstances are serious, they will be investigated for criminal responsibility according to law. The specific punishment measures are as follows: 1. Recover the defrauded medical insurance pooling fund according to law; 2, the designated hospital fined twice the amount of fraud; 3, ordered the hospital to conduct a written examination, in accordance with the relevant provisions of the medical insurance for a period of 3 months of rectification, and asked that the insured patients should not be admitted during the rectification period, if the rectification period fails to meet the requirements, the hospital's qualification as a designated medical institution for medical insurance will be cancelled according to regulations. To sum up, in the law, individuals who defraud medical insurance may be fined or warned if the amount is not large, and criminal responsibility may be investigated if the amount of crime is large, and the act of defrauding social security is also guilty of fraud. If the specific amount is large, they can be placed on file for investigation. Those who defraud public and private property with a value of more than 3, yuan to 1, yuan and more than 3, yuan to 1, yuan and more than 5, yuan shall be deemed as "large amount" respectively.