What Is the National Insurance Crime Bureau?

Insurance fraud: (Article 198 of the Criminal Law) refers to the act of obtaining insurance premiums illegally, violating insurance regulations, using fictitious insurance subject matter, insured accidents or manufacturing insured accidents to defraud insurance companies from insurance companies in large amounts. . "Fiction of the subject matter of insurance" refers to the behavior of the insurer in breach of the obligation of truthful notification provided by the Insurance Law, fiction of an insurance subject matter that does not exist at all, or falsely calling an unqualified subject matter a qualified subject matter, and entering into an insurance contract with the insurer.

Insurance fraud

Insurance fraud: (Article 198 of the Criminal Law) means

1. The object of infringement is the state's insurance system and the property ownership of the insurer.

2. The objective aspect is to violate insurance laws and regulations, adopt fictitious insurance objects, insured accidents or insured accidents, etc., to defraud large amounts of insurance premiums. The insurance premium refers to the insurance company that pays the insurance premium to the insurer in accordance with the contract stipulations, and obtains certain compensation after the occurrence of an accident in the contract.

There are five ways of insurance fraud:

(1) The property insured has deliberately made up the subject matter of insurance and deceived the insurance money. The subject matter of insurance refers to the material wealth and its related benefits, human life, health or related benefits as the object of insurance. The intentional fiction of the subject matter of insurance refers to the deliberate fabrication of an insurance object that does not exist when entering into an insurance contract with the insurer. I thought that he would fabricate insurance accidents in the future and cheat insurance money.

(2) Insured, insured or

How is the crime of insurance fraud determined?

(1) Make a clear distinction between insurance fraud and non-crime.

The key lies in whether the amount of fraudulent insurance payment has reached a relatively large amount. If it does not reach a large amount, it can be handled as a general violation of the insurance law, and reaching a large amount constitutes the crime of insurance fraud.

(2) The crimes related to insurance fraud are found to involve related crimes.

If insurance fraud is carried out, and arson, homicide, injury, transmission of infectious diseases, abuse, abandonment, etc. are deliberately used to create property losses, the results of death, disability, or illness of the insured, and deceive insurance benefits, in accordance with Article 198 of the Criminal Law Paragraph 2 of the article stipulates that punishment is based on multiple crimes, such as arson and insurance fraud, punishment for intentional homicide and insurance fraud, intentional injury and insurance fraud, and so on.

Penalties for insurance fraud

According to Article 198 of the Criminal Law, those who commit the crime of insurance fraud shall be sentenced to fixed-term imprisonment or detention of not more than 5 years, and fined not less than 10,000 yuan but not more than 100,000 yuan; if the amount is large or there are other serious circumstances, the punishment shall be not less than 5 years and 10 years. The following fixed-term imprisonment shall be imposed with a fine ranging from 20,000 to 200,000 yuan; if the amount is particularly large or there are other particularly serious circumstances, the imprisonment shall be imposed for more than 10 years, with a fine of 20,000 to 200,000 yuan or property shall be confiscated. If the unit commits the crime of insurance fraud, the unit shall be fined, and the person in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than 5 years or detention; if the amount is large or there are other serious circumstances, the punishment shall be 5 to 10 years The following terms are imprisonment; if the amount is particularly large or there are other particularly serious circumstances, they shall be sentenced to more than 10 years in prison.

Article 198 Under any of the following circumstances, if insurance fraud is carried out and the amount is large, he shall be sentenced to fixed-term imprisonment of not more than five years or detained, and fined not less than 10,000 yuan but not more than 100,000 yuan; the amount may be huge or there may be other serious In the case of a crime, he shall be sentenced to fixed-term imprisonment of more than five years and less than ten years, and a fine of not less than 20,000 to 200,000 yuan; if the amount is particularly large or there are other particularly serious circumstances, the term of imprisonment shall be more than ten years and more than 20,000 yuan Fines up to 200,000 yuan or confiscation of property:

(1) The policyholder deliberately fabricates the subject matter of insurance and defrauds the insurance premium;

(2) The insured, the insured or the beneficiary fabricated fraudulent causes or exaggerated the extent of the losses incurred by the insured accident and deceived the insurance premium;

(3) The insured, the insured or the beneficiary fabricated an insured event that has not occurred and defrauded the insurance money;

(4) An insurance accident in which the insured or the insured deliberately caused property damage and defrauded the insurance money;

(5) The insured or beneficiary intentionally caused the death, disability or illness of the insured, and deceived the insurance benefits.

Anyone who commits any of the acts listed in items 4 and 5 of the preceding paragraph and constitutes another crime shall be punished in accordance with the provisions of multiple penalties.

If the unit commits the crime of the first paragraph, the unit shall be fined, and the person in charge and other directly responsible personnel shall be sentenced to imprisonment of not more than five years or detention; if the amount is large or there are other serious circumstances, the punishment shall be not less than five years Term of imprisonment of less than one year; if the amount is particularly large or there are other particularly serious circumstances, the term of imprisonment is more than ten years.

The appraiser, certifier, and property appraiser of an insured accident deliberately provides false certification documents to provide conditions for others to defraud, and is treated as an accomplice in insurance fraud.

Article 287 Whoever uses a computer to commit financial fraud, theft, embezzlement, embezzlement of public funds, steal state secrets, or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law.

Article 198, paragraph 1, of the Criminal Code

According to Article 198, paragraph 1, of the Criminal Law of China, individuals who commit crimes of insurance fraud with a large amount shall be punished for less than 5 years.

Article 131 of the Insurance Law If an insured, insured or beneficiary commits one of the following acts and engages in insurance fraud, which constitutes a crime, criminal liability shall be investigated in accordance with the law;

(1) The policyholder deliberately fabricates the subject matter of the insurance and defrauds the insurance premium;

(2) Those who misrepresent that an insured accident has occurred without any insured accident, and defrauded of the insurance money;

(3) Insured accidents that deliberately cause property damage and fraudulently obtaining insurance money;

(4) deliberately causing life insurance accidents such as death, disability, or illness of the insured, and deceiving insurance benefits;

(5) Forging, altering, or instigating certificates, materials, and other evidence related to the insured accident, or instigating, instigating, or buying others to provide false certificates, materials, or other evidence, fabricating the cause of the accident or exaggerating the degree of loss, and deceiving insurance benefits.

If any of the acts listed in the preceding paragraph is minor and does not constitute a crime, administrative penalties shall be imposed in accordance with relevant state regulations.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases (1996.12.16 Fafa [1996] No. 32)

1. Fraud has already been initiated, but the failure to obtain property due to reasons other than the actor's will is an attempted fraud. If the fraud is attempted and the circumstances are serious, it shall also be convicted and punished according to law.

8. According to the provisions of Article 16 of the "Decision", insurance fraud activities involving large amounts constitute crimes of insurance fraud.

If the amount of insurance fraud by an individual is more than 10,000 yuan, it is a "large amount"; if the amount of insurance fraud by an individual is more than 50,000 yuan, it is "a huge amount"; if the amount of insurance fraud by an individual is more than 200,000 yuan, it is "The amount is particularly huge."

Units carrying insurance fraud amounting to more than 50,000 yuan are classified as larger amounts; Units carrying insurance fraud amounting to more than 250,000 yuan are classified as large amounts; units carrying out insurance fraud amounting to more than 1 million yuan are classified as large amounts "The amount is particularly huge."

Research Office of the Supreme People's Procuratorate, "Responses on whether insurance fraud attempts can be handled as crimes" (1998.11.27 [1998] High Inspection R & D No. 20)

The perpetrator has begun to carry out insurance fraud, but fails to obtain insurance compensation due to reasons other than his will, the fraud is attempted, and if the circumstances are serious, he shall be investigated for criminal responsibility according to law.

Judging from the handling of the implicated offenders of certain specific crimes in the subsections of the Criminal Law of our country, some provisions impose a heavy punishment, some provide a heavy punishment, some provide an independent statutory punishment, and some provide for multiple crimes. Fine.

Some scholars have pointed out that China s current Criminal Law s legislative provisions on implicated offenders have sacrificed the fair and equal value orientation of the criminal law, which clearly shows the value of utilitarian penalties, that is, different punishment methods for implicated offenders. It is the degree of social harm of the crime and the punishment required to punish and prevent such crimes.

It should be acknowledged that this legislative guiding ideology of our Criminal Law has certain rationality, but it does lead to

Abuse of Insurance Fraud

Absorptive crime is an exponential criminal act. One of the criminal acts absorbs other criminal acts, and only the criminal form of the absorbed criminal act is established. The key to the establishment of an absorption offender is the existence of an absorption relationship.

There are three main types of absorption relations in the theory of criminal law:

Heavy behavior absorb light behavior

Behavioral assimilation

Master behavior

Two situations

It is better not to deal with the situation of absorbing preparatory acts as absorbing offenders alone.

1.Article 198 of the Criminal Law

In one of the following circumstances, if insurance fraud is carried out, the amount is large, and he is sentenced to fixed-term imprisonment or detention of not more than five years, and a fine of not less than 10,000 yuan but not more than 100,000 yuan; A term of imprisonment of less than ten years and a fine of not less than 20,000 yuan but less than 200,000 yuan; if the amount is particularly large or there are other particularly serious circumstances, the term of imprisonment is more than ten years, and the fine is not less than 20,000 yuan or confiscation. property:

(1) The policyholder deliberately fabricates the subject matter of the insurance and defrauds the insurance premium;

(2) The insured, the insured or the beneficiary fabricated fraudulent causes or exaggerated the extent of the losses incurred by the insured accident and deceived the insurance premium;

(3) The insured, the insured or the beneficiary fabricated an insured event that has not occurred and defrauded the insurance money;

(4) An insurance accident in which the insured or the insured deliberately caused property damage and defrauded the insurance money;

(5) The insured or beneficiary intentionally caused the death, disability or illness of the insured, and deceived the insurance benefits. Anyone who commits any of the acts listed in items 4 and 5 of the preceding paragraph and constitutes another crime shall be punished in accordance with the provisions of multiple penalties. If the unit commits the crime of the first paragraph, the unit shall be fined, and the person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment or detention of less than five years; if the amount is large or there are other serious circumstances, the punishment shall be five to ten years. Term of imprisonment of less than two years; if the amount is particularly large or there are other particularly serious circumstances, the term of imprisonment is more than ten years. The appraiser, certifier, and property appraiser of an insured accident deliberately provides false certification documents to provide conditions for others to defraud, and is treated as an accomplice in insurance fraud.

2. Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases (December 16, 1996)

...

8. According to the provisions of Article 16 of the "Decision", insurance fraud activities involving large amounts constitute crimes of insurance fraud. If the amount of insurance fraud by an individual is more than 10,000 yuan, it is a "large amount"; if the amount of insurance fraud by an individual is more than 50,000 yuan, it is "a huge amount"; if the amount of insurance fraud by an individual is more than 200,000 yuan, it is "The amount is particularly huge." Units carrying insurance fraud amounting to more than 50,000 yuan are classified as larger amounts; Units carrying insurance fraud amounting to more than 250,000 yuan are classified as large amounts; units carrying out insurance fraud amounting to more than 1 million yuan are classified as large amounts "The amount is particularly huge."

9. For the frauds that have been repeatedly committed and the previous fraudulent property returned to the previous fraudulent property, when calculating the amount of fraud, the amount that has been returned before the case should be deducted, and the amount that is not returned shall be determined. The amount of deception is considered as a heavy plot.

12. The amount of currency used in this interpretation refers to the amount of RMB. If a specific case is involved in a foreign currency, it shall be converted into Renminbi at the exchange rate quoted by the State Administration of Foreign Exchange on the date of the case.

13. The "above" mentioned in this explanation includes the number.

Case Analysis of Insurance Fraud

On November 10, 2001, the truck operated by the defendant Zhang Mou and the owner Lin Mou pulled oranges to Zhang'an Lu'an. At 2 am the following day, a car overturned from the unlicensed Lin Zhenhua to the Zhangzhou Pinghe Luanping line section, causing Lin Zhenhua to die on the spot. Zhang, Chen Jingyang, and Lin Dunbiao were injured in varying degrees. On the morning of the same day, the Fujian peace police made a transcript of the case to the defendant Chen Jingyang and the defendant Zhang, and the defendant Chen Jingyang truthfully stated the accident. In the afternoon of the same day, the family members of the casualties Lin Xiaochuan, Wu Zhenchun, Zhang Zuowen, Xu Liangmu, etc. rushed to the Pinghe County Hospital and learned that the car was driven by Lin Zhenhua without a driver's license at that time. When the insurance could not settle the claim, in order to obtain the claim from the insurance company, It was decided to ask Chen Jingyang with a driver's license to assume it, and also reached an agreement on the compensation for the loss caused by the defendant's Chen Jingyang's suspension of the driver's license, and the defendant Zhang agreed. The next day, after the defendants Wu Zhenchun and Zhang Zuowen went to the peace traffic police brigade to find the agent Lin Feng to send 2,000 yuan to "clear the relationship", the police of the police in the Pinghe County traffic police brigade, Lin Feng, etc. made false records according to the intentions of the six defendants and made their way. As for the responsibility for traffic accidents, Chen Jingyang was fully responsible for this accident. In February 2002, Zhang obtained an insurance claim of RMB 82,695.59 from Zhangping Branch of the People's Insurance Company of China. Later, the case occurred due to uneven distribution of stolen goods.

Disagreement: Two opinions emerged during the trial of this case

According to one opinion, the defendants Zhang and Chen Jingyang violated national insurance regulations for the purpose of illegal possession, fabricated false facts, and defrauded insurance companies of RMB 82,695.59, which is a huge amount, and their actions have constituted insurance fraud. Although the defendants Wu Zhenchun, Lin Xiaochuan, Zhang Zuowen, and Xu Liangmu did not aim at illegal possession, they were accomplices in this case. They had the same intention for defrauding insurance money, and they knew it, and they all participated in the fraudulent insurance money deduction. According to the provisions of the criminal law on joint crimes, persons who do not have a special status collude with persons with a special status and jointly commit a crime that can only be committed by a person with a special status, and shall be dealt with as an accomplice. Regarding the provisions of Article 198, paragraph 4, of the Criminal Law, this is the special application of the law when the criminal law deliberately provides false certification documents to appraisers, certifiers and property appraisers participating in the investigation of insurance accidents. It is not stipulated in this provision that only appraisers, certifiers, and property appraisers can constitute accomplices in insurance fraud, and others cannot. Because the appraisers, witnesses, and property appraisers intentionally provide false certification documents for different criminal motives and criminal purposes, they may also constitute the crime of providing false certification documents by the intermediary organization, and the crime of material misrepresentation of the certification documents issued by the intermediary organization personnel. Therefore, the defendants Wu Zhenchun, Lin Xiaochuan, Zhang Zuowen, and Xu Liangmu also constituted insurance fraud. They and the defendants Zhang and Chen Jingyang both constitute insurance fraud and are accomplices. They should be punished accordingly.

Another opinion is that the defendants Zhang and Chen Jingyang violated the national insurance regulations for the purpose of illegal possession, fabricated false facts, and defrauded the insurance company of RMB 82,695.59, which is a huge amount. Their actions have constituted insurance fraud and should be punished according to law. . The defendants Wu Zhenchun, Lin Xiaochuan, Zhang Zuowen, and Xu Liangmu cannot be co-offenders of insurance fraud. First, according to Article 198 of the Criminal Law, the subject of insurance fraud is the policyholder, the insured, and the beneficiary. , Others who do not have this status cannot constitute insurance fraud. Paragraph 4 of this article stipulates that the appraiser, certifier, and property appraiser of an insured accident may constitute an accomplice in the crime. The subject and accomplice who constitute the crime of insurance fraud must be special subjects, that is, the insured, the insured, the beneficiary, the appraiser of the insurance accident, the witness, and the property appraiser. None of the above four defendants belong to the subject of insurance fraud and The subject of the accomplice of insurance fraud; secondly, the defendant Wu Zhenchun and other four persons were instructed to change the confession of the defendant Chen Jingyang during the investigation phase of the traffic police department, which violated the traffic police department's investigation management order and was an independent act. They Although they have joint fraud insurance intentions with the defendants Zhang and Chen Jingyang, the instructions they used to instruct the defendant Chen Jingyang to make false statements objectively prevented the traffic police department from correctly making the liability determination. The direct combination with insurance fraud is the accident liability determination behavior. They directed that the behavior of altering the confession of others is indirectly combined with insurance fraud. It is not an indispensable link required for the formation of joint crimes. The traffic evidence management order they violate cannot be an accomplice in insurance fraud. Therefore, the defendant Wu Zhenchun, Lin Xiaochuan, Zhang Zuowen, Xu Liangmu used threats and other methods to instruct the defendant Chen Jingyang to give false testimony to the Pinghe County Traffic Police in the process of handling traffic accidents and insurance claims, and his behavior should constitute a crime of obstructing testimony.

Comment: The author believes that the second opinion is correct. reason:

1. The crime of insurance fraud refers to the behavior of an insured, insured or beneficiary who violates national insurance regulations, fabricates false facts, and defrauds insurance benefits in a large amount. The object of this crime is the state's insurance system and ownership of public property. On the objective side, it is a violation of the provisions of the Insurance Law, fictional facts, or concealment of truth and the same method, defrauding insurance premiums in a large amount. The subjective aspect is constituted directly and intentionally, with the purpose of illegally occupying insurance benefits. The crime of obstructing testimony refers to acts of preventing witnesses from giving evidence or instigating, bribing, or threatening others to give false testimony by using violence, threats, or bribery. The object of this crime is criminal, civil, economic and administrative proceedings. Objective aspects are manifested in various illegal ways to prevent witnesses from giving evidence or instructing others to give false testimony. From the above two crimes, it is necessary to distinguish whether the defendant Zhang, Chen Jingyang, and the defendants Wu Zhenchun and Lin Xiaochuan are accomplices or different offenders in the fraud insurance. The author according to the subject and objective aspects of the crimes violated by their respective crimes. The characteristics are analyzed as follows:

1, the main aspect. The defendants Wu Zhenchun, Lin Xiaochuan, Zhang Zuowen, and Xu Liangmu knew the defendant's intention to cheat insurance money, but they did not have the intention to illegally possess the insurance money. In the strict sense, they did not fully comply with the crime of insurance fraud. Subjective requirements.

2. In terms of objectivity and objection. Although they all participate in fraud insurance activities by instigating methods, their actions and fraud insurance activities do not have a direct combination, but an indirect combination. A direct combination of fraud is an accomplice, but if the indirect combination (that is, Individual behavior combined with fraud), it should be analyzed according to the characteristics of each crime. Therefore, their behavior is a kind of pending criminal behavior. If they can meet other more specific criminal constituent elements, they should be convicted and sentenced with more specific crimes. People with special identities collude with those with special identities and jointly commit crimes committed by those with special identities, and should be convicted and sentenced according to the principle of accomplice. In this regard, the four defendants, Wu Zhenchun and Lin Xiaochuan, and the defendants Zhang and Chen Jingyang only played an indirect role in the fraud insurance process, which was an indirect combination. What really directly combined with insurance fraud was the accident liability imposed by the traffic police department. Identified. Therefore, the four defendants, Wu Zhenchun and Lin Xiaochuan, directed the defendant Chen Jingyang to give false testimony during the traffic police's handling of the accident, causing the traffic police department to deviate from the determination of responsibility, resulting in a mistake in the determination of responsibility. Their actions and the subject of the violation should be It is said to exist independently. The infringed object is the traffic police management order for handling traffic accidents, and violates the hidden criminal or administrative litigation order in the traffic police handling traffic accidents. From the subjective and objective aspects, Their actions have independently satisfied the criminal constituent elements of the crime of hindering testimony. Therefore, the sentence should be convicted on a more specific basis-the offence of obstructing testimony.

2. From the perspective of the constituent elements of joint crime, it is indispensable to intentionally and jointly commit a criminal act. The defendants in this case, Wu Zhenchun, Lin Xiaochuan, Lin Zuowen, and Xu Liangmu's joint criminal intentions are obvious, but objectively, their behavior is not a necessary part of the entire activity of insurance fraud, nor does it meet the accomplice criminality of "partial implementation of overall responsibility" Liability determination principle. Therefore, their actions cannot be accomplices in insurance fraud in this case.

3. As for the first opinion, the defendant Wu Zhenchun, Lin Xiaochuan, Zhang Zuowen, and Xu Liangmu were regarded as accomplices with the defendant Zhang and Chen Jingyang's insurance fraud. The person holding this opinion simply took the defendant Wu Zhenchun and four others. The act was regarded as a crime in direct combination with the defendants Zhang and Chen Jingyang. Secondly, simply according to the provisions of the Criminal Law on joint crimes: "People who do not have a special status collude with people with a special status and jointly implement a person with a special status. Only crimes that can be committed should be dealt with as accomplices, "and the defendant Wu Zhenchun and Lin Xiaochuan were considered accomplices. This opinion is obviously a criminal value orientation with improper guilt and responsibility, which is wrong.

Therefore, the actions of the defendant Wu Zhenchun, Lin Xiaochuan, Zhang Zuowen, and Xu Liangmu constituted crimes of obstructing testimony, not crimes of insurance fraud together with the defendants Zhang and Chen Jingyang.

According to the "Regulations on Prosecution Standards for Economic Crimes" of the Supreme People's Procuratorate and the Ministry of Public Security, insurance fraud activities are carried out. If one of the following circumstances is suspected, prosecution should be instituted:

1. Individuals carry out insurance fraud, the amount of which is more than 10,000 yuan;

2. Units carry out insurance fraud, the amount of which is more than 50,000 yuan .