The filing standard of defrauding social security

The criteria for defrauding social security are:

1. The amount of fraud is more than 3,000 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;

2. The greater the general amount, the heavier the punishment;

3. When the fraud reaches a certain amount, it reaches the standard of filing a criminal case 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 placing a case on file, a criminal suspect or defendant should take compulsory measures instead of compulsory measures by forging, concealing or destroying evidence or other means of concealing facts and violating the law, or, although compulsory measures are taken, they interrupt the investigation or fail to take measures beyond the statutory time limit, actually ignoring compulsory measures and actually leaving the investigation and 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 ground

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud

Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.