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Can I file a case for cheating social security?
If a large amount of social security is defrauded, it will be returned voluntarily. If there are legal circumstances, it may not be prosecuted or exempted from criminal punishment. Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud stipulates that although defrauding public and private property meets the standard of "relatively large amount" as stipulated in Article 1 of this Interpretation, if one of the following circumstances exists and the perpetrator pleads guilty and repents, according to the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law, he may not be prosecuted or be exempted from criminal punishment: (1) If there is a statutory lenient punishment; (2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned; (three) did not participate in the distribution of stolen goods or less stolen goods and not the principal; (4) the victim understands; (5) Other circumstances are minor and harmless. Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud Article 3 If the person who swindles public or private property meets the standard of "relatively large amount" as stipulated in Article 1 of this Interpretation pleads guilty or repents in any of the following circumstances, according to the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law, he may not be prosecuted or be exempted from criminal punishment: (1) If there are statutory lenient punishment circumstances; (2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned; (three) did not participate in the distribution of stolen goods or less stolen goods and not the principal; (4) the victim understands; (5) Other circumstances are minor and harmless.
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