1, how to deal with social security fraud?
Fraudulent raising of age and fraudulent obtaining of old-age insurance by false identity will be punished by law.
He has paid social security 15 years before committing the crime and can retire at the age of 60.
You don't enjoy the basic old-age insurance benefits during your sentence, but you can continue to enjoy the basic old-age insurance benefits after the expiration.
The basic pension is paid according to the standard determined before serving the sentence, and will be adjusted in the future. During the probation period, you can enjoy the basic old-age insurance benefits, but you will not participate in the adjustment of the basic pension.
2. How to defraud social insurance?
Cheating medical insurance from more than 3000 yuan to 10000 yuan can be a criminal case.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
3. Find someone to handle social security and be cheated.
There is130,000 yuan. Why does the client apply for social security? Just find a wealth management product with a yield of more than 6% and invest directly in old-age care.
If you have an iou, you need it now, or there will be no way out for a long time. If there is no evidence to give money to others, then you won't come back to be cheated.
4. Handling of cases of defrauding social security
Report to the local human resources and social security bureau, or report to the superior human resources and social security bureau.
According to the provisions of the Social Insurance Law, it is illegal to forge files and defraud the endowment insurance fund, which may even constitute a crime. Any organization or individual has the right to report, and the organ to investigate and deal with such illegal acts is the social insurance administrative department, that is, the local people's social security bureau. If the whistleblower is worried that the local human resources and social security bureau will also approve retirement, there may be cases where the staff are suspected of violating discipline or unwilling to correct their mistakes, and they can report to the higher human resources and social security bureau.
5. Dealing with social security fraud
Cheating social security funds is a crime of fraud. NPC Standing Committee's Interpretation of Article 266 of the Criminal Law of People's Republic of China (PRC) (adopted at the Eighth Session of the Standing Committee of the 12th NPC on April 24th, 20 14) Based on the situation encountered in judicial practice, this paper discusses the meaning of Article 266 of the Criminal Law and how to apply the relevant provisions of the Criminal Law to the acts of defrauding social insurance benefits such as pension, medical care, work injury, unemployment and maternity. The explanation is as follows: defrauding pension, medical care, work injury, unemployment, maternity and other social insurance benefits or other social security benefits by fraud or other means belongs to the act of defrauding public and private property as stipulated in Article 266 of the Criminal Law.
6. How to deal with social security being cheated?
Article 88 of the Social Insurance Law of People's Republic of China (PRC): "Anyone who defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance fund and impose a fine of more than two times and less than five times the amount defrauded";
Article 94: "Anyone who violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law."
7. What legal procedures should I take if I am cheated in buying social security?
Breaking the law and being cheated by hundreds of thousands is a serious illegal act. Call the police.
8. How to deal with social security fraud?
Insurance fraud is also fraud, and social insurance money needs to be returned. According to the seriousness of the case, a fine of more than two times and less than five times the amount of fraud is imposed. If it constitutes a crime of fraud, it needs to bear criminal responsibility. However, if the fraudulent insurance premium has been refunded, it may be given a lighter punishment or exempted from criminal punishment.
Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.
Social insurance law
Article 88 Anyone who defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and shall be fined at least two times but not more than five times the amount defrauded.
Article 266 of the Criminal Law stipulates that 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 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. Where there are other provisions in this Law, such provisions shall prevail.
9. How to deal with social security fraud?
According to the relevant laws and regulations of our country, it is still necessary to be sentenced for defrauding social security before returning it voluntarily. If the amount is relatively large, he 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 especially 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. However, in the case of restitution, the punishment may be lightened or mitigated.
10, what is the crime of defrauding social security?
How to punish those who violate the law and defraud social insurance money depends on the circumstances of fraud. If it does not constitute a crime, it may be fined and its illegal income confiscated. If it constitutes a crime, it shall be punished as fraud.
Defrauding social insurance benefits or defrauding social insurance fund expenditures, the administrative department of labor security shall order it to be returned, and impose a fine of not less than 0 times but not more than 3 times the amount defrauded; If a crime is constituted, criminal responsibility shall be investigated according to law.
legal ground
People's Republic of China (PRC) social insurance law
Article 88 Anyone who defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and shall be fined at least two times but not more than five times the amount defrauded.
NPC Standing Committee's Interpretation of Article 266 of the Criminal Law of People's Republic of China (PRC).
Fraud, forgery of proof materials or other means to defraud social security benefits such as pension, medical care, work injury, unemployment and maternity belong to the act of defrauding public and private property as stipulated in Article 266 of the Criminal Law.
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