Fraudulent social security declaration standard

The filing standard of defrauding social security is that it is illegal to defraud social security, so you have to bear certain legal responsibilities. If the fraud reaches a certain amount, it will reach the standard of criminal filing and constitute a crime. According to the relevant provisions of China's criminal law, if the amount of fraud is more than 3,000 yuan, it constitutes a crime of fraud, and it can be punished by criminal detention, public surveillance or fixed-term imprisonment of not more than three years, with or without a fine. Generally, the larger the amount, the heavier the punishment.

Whoever defrauds public or private property and reaches a large starting point can determine the starting point of sentencing within the range of criminal detention of less than three months to fixed-term imprisonment of less than one year. On the basis of the starting point of sentencing, every increase of 1500 yuan can increase the prison term by one month.

If the amount of cheating public or private property reaches a huge starting point or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.

In any of the following circumstances, the corresponding punishment may be increased:

1, one month's imprisonment for every increase of 5,500 yuan;

2. If there are "other serious circumstances", for each additional circumstance, the prison term will be increased from six months to two years;

3. Other circumstances that can increase the amount of punishment;

Whoever cheats public or private property and reaches a particularly huge starting point or has other particularly serious circumstances can determine the starting point of sentencing within the range of fixed-term imprisonment of not less than 10 years but not more than 12 years. Except for those who should be sentenced to life imprisonment according to law.

In any of the following circumstances, the corresponding punishment may be increased:

1, one month's imprisonment for each additional RMB 35,000;

2, with other particularly serious circumstances, each increase in a situation, an increase of six months to two years in prison;

3. Other circumstances that can increase the amount of punishment.

legal ground

Criminal law of the people's Republic of China

Article 266 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. Where there are other provisions in this Law, such provisions shall prevail.