Criteria for filing social security fraud

Social security fund fraud can be characterized as fraud. According to the relevant judicial interpretation, if the amount of fraud reaches more than 2,000, it can be filed for prosecution. The filing standard for defrauding social security is: the amount of fraud is more than 3000 yuan. If it constitutes a crime of fraud, it may be sentenced to criminal detention, public surveillance or fixed-term imprisonment of not more than three years, and may also be fined; The larger the general amount, the heavier the punishment; When fraud reaches a certain amount, it reaches the standard of criminal filing and constitutes a crime. 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. It is illegal to cheat social security, and you have to bear certain legal responsibilities. Whoever defrauds illegal fund-raising for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount of punishment is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated. Filing a case refers to a litigation activity in which public security organs, judicial organs and other administrative law enforcement organs investigate or try cases that are considered to have criminal facts and need to be investigated for criminal responsibility according to the materials such as accusation, accusation, report, surrender and prosecution of private prosecutors according to their respective jurisdictions.

After filing a case, anyone who conceals facts or violates the law by forging, concealing or destroying evidence or other means shall take compulsory measures instead of compulsory measures, or interrupt the investigation after taking compulsory measures or fail to take any measures beyond the statutory time limit, actually let himself drift, and illegally revoke or change compulsory measures, resulting in the criminal suspect and defendant actually being out of the investigation control of judicial organs; Deliberately violating facts and laws in criminal trial activities, making a judgment or ruling that perverts the law, that is, finding guilty and innocent, but also finding a felony light sentence and a misdemeanor heavy sentence; Other circumstances that should be investigated for criminal responsibility.

Legal basis: 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 Article 1 Whoever cheats public or private property in an amount of more than 3,000 yuan, more than 30,000 yuan, more than 100,000 yuan and more than 500,000 yuan shall be deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 266 of the Criminal Law respectively.