Social security fraud processing results

Be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Legal analysis

The state exercises strict supervision over social security funds, and any form of defrauding social security funds is illegal. Those who defraud a large amount of social security funds will be investigated for criminal responsibility. The relevant payment of social security needs to be strictly implemented according to law. Involving citizens using relevant social security to defraud insurance, seriously infringing on national rights and interests, it is necessary to investigate relevant legal responsibilities. The specific situation can be handled according to the severity of the situation involved. 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.

legal ground

Article 88 of the Social Insurance Law of People's Republic of China (PRC) defrauds social insurance benefits by fraud, forgery of certification materials or other means, and the social insurance administrative department shall order it to return the defrauded social insurance benefits and impose a fine of more than two times and less than five times the amount defrauded.