Standard for filing cases of stolen medical insurance cards

Personal theft of public or private property worth more than 2000 yuan belongs to a large amount, which is also the starting point of the amount of prosecution for theft. Personal theft of public and private property is worth more than 1 10,000 yuan, which is a huge amount; Personal theft of public and private property is worth more than 60 thousand yuan, which is extremely huge. All the above standards are accomplished theft.

The value of stealing public and private property is close to the starting point of a large amount. Whoever steals by destructive means, causing property losses, stealing the property of the disabled, widowed and disabled elderly, or causing serious consequences or vile circumstances, may also be convicted and punished. The so-called starting point of approaching a large amount should be more than 80% of the specified amount with reference to relevant regulations.

The funds in the social security card are the basic medical insurance expenses for urban workers paid by units and individuals, which belong to personal property. According to the constitutive requirements of theft, the criminal suspect has the intention of illegal possession subjectively, and objectively carried out a password test to secretly steal money from other people's social security accounts, which is relatively large, which conforms to the behavior pattern and constitutive requirements of theft. The act of stealing social security cards infringes on personal property ownership, rather than disturbing the financial order and market economic order. To sum up, stealing social security cards should be considered as theft.

What should I do after my social security card is stolen?

If the social security card is stolen, you must call the police at the first time and call the staff of the local social security center to report the loss to avoid the social security card being stolen again.

After the alarm is handled, it is still possible to catch the suspect as long as you find the place where the social security card was stolen and then go to that pharmacy for monitoring. However, everyone should also be prepared to find no suspects and be unable to recover the money stolen from the social security card.

Everyone must also take good care of their social security cards to prevent their social security card information from being discovered by others and from being stolen. If you find that your social security card is lost, you must report it as soon as possible to avoid being stolen by others.

Social security card is an important document. After being stolen by others, the victim should report the case as soon as possible, and the amount reaches 2000 yuan, which constitutes the filing standard. The public security organ will investigate the criminal responsibility of the suspect. Theft of more than 2,000 yuan constitutes a large amount, and the corresponding sentencing standard is fixed-term imprisonment of not more than three years or criminal detention. If the filing standard is not met, the violator who steals the brush will also be subject to administrative punishment.

The reissue process of medical insurance card

At this stage, after the medical insurance card is degaussed and lost, the social security card will be replaced directly according to the regulations. The specific process is as follows:

(1) If the bank is the same before and after the card change, I will report the loss to the employee medical insurance card service bank with my valid certificate, and the street labor security service center will accept the social security card application with the bank loss report notice and my valid certificate for 45 working days. After receiving the social security card and injecting capital, the amount in the original medical insurance card will be automatically transferred to the social security card without clearing it.

(2) If the card is not the same bank before and after the card change, then the social security card collection process is the same. However, the amount in the original medical insurance card will not be automatically transferred to the social security card, and a valid certificate is required to issue the Notice of Clearing the Employee's Medical Insurance Card at the social security sub-center of the insured place. With the notice and my valid certificate, go to the original employee medical insurance card service bank to cancel the medical insurance card.

Legal basis:

The Supreme People's Court and the Supreme People's Procuratorate's explanations on some issues concerning the application of law in handling criminal cases of theft;

Article 1 Whoever steals public or private property in an amount between 1,000 yuan and 3,000 yuan, between 30,000 yuan and 100,000 yuan, between 300,000 yuan and 500,000 yuan shall be deemed as "relatively large amount", "huge amount" and "especially huge amount" as stipulated in Article 264 of the Criminal Law respectively.

The higher people's courts and people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and social security situation, determine the specific amount standards implemented in their respective regions 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 approval. Does it constitute a crime for the medical insurance card to be stolen?