Was the 60-year-old man in Chongqing sentenced or fined for defrauding social security funds of more than 20,000 yuan for profit?

Social security is one of the most important components of the social security system, which is a social and economic system that provides income or compensation to the urban population who are temporarily unemployed or unemployed due to physical and mental health. The main items of social security include social endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. The social security plan is controlled by the state, and a certain group is forced to use part of its income as social security tax to generate social insurance funds. Under certain conditions, beneficiaries can get fixed income or loss compensation from stock funds, which is a redistribution mechanism to ensure the production of chemicals and labor and social stability.

The State Council promulgated the "Regulations on Labor Protection", which marked the emergence of social security system. Since the beginning of this year, the people of China have obtained social security. As a citizen of China, social security is the most basic self-owned fund to ensure everyone's life after retirement.

"As long as I don't report it, no one will know that my wife is dead." Lu was full of this incorrect idea, and hastily ended his wife's funeral, but did not report his wife's death or issue a death certificate to the relevant social security unit. Therefore, Lu has been receiving pension insurance in the name of his wife until he was finally discovered by the local public security department.

The people's procuratorate learned that the court sentenced Lu to three months in prison for fraud and fined 654.38+10,000 yuan. After recovering the property of the people involved, it immediately filed a case for investigation. When Lu was 60 years old, he should have enjoyed his family at home, but he was jailed for a moment of negligence. I just don't know if he can stop thinking in prison.

In fact, since then, Wuxi judicial department has tried 12 cases of defrauding China's social security, involving a total amount of 1.2 million yuan. Obviously, Wuxi is not a case. There are many social security fraud cases all over the country, which may be related to the distribution principle of social endowment insurance.

Laws and regulations strictly prohibit this behavior of defrauding social security. Anyone suspected of committing a crime of public security may be investigated for legal responsibility according to the seriousness of the case and the amount involved. According to the provisions of Article 88 of the Social Insurance Law, if social insurance is defrauded by cheating, forging evidence or other means, the social insurance administrative department shall order it to return the defrauded social insurance money and impose a fine of not less than two times but not more than five times the amount defrauded. .

Similar acts of defrauding China's social security actually constitute fraud. According to Article 266 of the Criminal Law of People's Republic of China (PRC), the National People's Congress Standing Committee (NPCSC), defrauding social insurance benefits such as pension insurance benefits, medical benefits, industrial accident benefits, social insurance benefits for laid-off and unemployed people is an act of defrauding public and private property as stipulated in Article 366 of the Criminal Law, as well as social security benefits such as pregnancy obtained by fraud, forged evidence and various means.

According to the provisions of the criminal law, whoever commits fraud, especially if the amount is huge, 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 relatively large 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 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 his illegal income confiscated.

There are different norms for the specific amount of fraud. Taking Beijing as an example, Beijing courts, people's procuratorates and police stations coordinate to require fraud involving a large amount of less than 3,000 yuan; If the amount exceeds 50,000 yuan, it is a huge amount; The amount of more than 200,000 is extremely large. Although the division of other regions is different, it is basically the same.

Generally speaking, Mr. Lu defrauded the national social security fund of more than 20,000 yuan in three years. According to Chongqing standards, fraud cases involving a large amount of money should be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and fined. Lu was sentenced to three months in prison and fined 65,438+0,000 yuan, which is correct.

However, defrauding national social insurance can only be called defrauding commercial insurance. In addition to social security, there are medical insurance and accident insurance. Some people suffer from mental illness and even kill their mothers and wives to make money. Perhaps for them, affection and love are so insignificant in front of money.