Crime of insurance fraud, bribery of company and enterprise personnel
On September 9th, 20001year, a state-owned cement plant in Changhe County of a province transferred its machinery and equipment to an insurance company in this county (non-state-owned).
Company insurance. On February 9, the same year, at 65438, a main motor of Changhe County Cement Plant was burnt out, and the factory director A appointed the factory method.
Zhang and Wang of the Ministry claimed compensation from an insurance company in the county. Zhang Hewang told the adjuster of an insurance company in the county that they would pay.
Give welfare. After that, Zhang sent the motor to foreign self-employed households for repair through acquaintances, which cost 1 1,000 yuan. A certain C gives Zhang.
A handling fee of 5000 yuan, I hope to continue to introduce business to him in the future, and at the request of Zhang Hewang, the face price of the car repair fee is more.
After driving 20,000 yuan and driving 30,000 yuan back to Changhe County, Zhang and Wang claimed compensation from the insurance company in the name of Changhe County Cement Plant.
The second party will pay according to the fake repair fee of 30 thousand. Afterwards, a certain B remembered that Zhang and Wang had promised to give them "benefits" and went there.
Zhang and Wang demanded 5000 yuan. The remaining RMB 654.38+RMB 500,000 shall be shared by Zhang and Wang.
[question]
(1) In this case, does the behavior of Changhe Cement Plant constitute a crime? What is the crime of Zhang Hewang's behavior? Why?
(2) In this case, what is the charge of Zhang accepting a 5,000 yuan kickback?
(3) How to characterize the behavior of a certain B and C? Tell me why.
[correct answer]
(1) In this case, the subject of the crime of insurance fraud is Zhang and Wang, not the cement factory, and A is not criminally responsible.
Ren. In this case, although the insurance fraud committed by Zhang and Wang was carried out in the name of Changhe Cement Plant, they were insured.
The intention of fraud is not the meaning of Changhe Cement Plant, and the income from insurance fraud is not the income of Changhe Cement Plant, but the actor.
Zhang and Wang earn their income. Therefore, according to the Interpretation of the People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases,
The criminal law stipulates that it is not a unit crime, but a natural person crime in the criminal law. Zhang Hewang's behavior is to let
The act of deliberately exaggerating the loss of insurance accident in the name of the insured to defraud the insurance money constitutes the crime of insurance fraud.
(2) Zhang's behavior of accepting 5,000 yuan from C. According to the provisions of the second paragraph of Article 387 of the Criminal Law, in economic exchanges,
Those who secretly accept kickbacks and handling fees in various names outside the account are regarded as accepting bribes.
(3) Party A and Party B are employees of non-state-owned insurance companies. It is a company's behavior to ask Zhang and Wang for 5000 yuan.
The behavior of enterprise personnel taking advantage of their position to ask for other people's property in a large amount constitutes the crime of accepting bribes by company and enterprise personnel.
Giving Party C a "handling fee" of 5,000 yuan in the hope of introducing its business in the future cannot reflect its illegitimate interests.
So it does not constitute a crime of bribery. However, A's behavior falsely reported the repair cost from 654.38+00,000 yuan to 30,000 yuan, and the question did not reflect whether A had.
Knowing that the purpose of Zhang and Wang falsely reporting the repair fee is insurance fraud, it cannot reflect whether Party A and Party C know that the motor has been insured.
Therefore, the fourth paragraph of Article 198 of the Criminal Law does not apply to the behavior of a certain C, and it cannot be regarded as the * * * offender of the crime of insurance fraud.
[Test Center Integration]
Regarding the crime of insurance fraud, we should grasp: (1) the situation of insurance fraud. Article 198 of the criminal law provides as follows
In one case, insurance fraud constitutes the crime of insurance fraud: (1) the insured deliberately fabricates the subject matter of insurance to defraud the insurance money.
Dangerous; (2) The applicant, the insured or the beneficiary fabricates false reasons or exaggerates the damage caused by the insured accident.
Degree of loss, defrauding insurance money; (3) The applicant, the insured or the beneficiary fabricates an insurance accident that has not happened,
Defrauding insurance money; (4) The applicant or the insured intentionally causes an insurance accident that causes property losses and defrauds the insurance money; (5)
The applicant or beneficiary intentionally causes the death, disability or illness of the insured to defraud the insurance money. There are items 4 and 1 in the preceding paragraph.
If the five listed acts constitute other crimes at the same time, they shall be punished in accordance with the provisions of combined punishment for several crimes. The appraiser and certificate of the insured accident.
Individuals or property appraisers who intentionally provide false documents to provide conditions for others to cheat shall be punished as * * * insurance fraud.
(2) The amount of insurance fraud. According to the standards of the People's Procuratorate and the Ministry of Public Security on the prosecution of economic crimes
Article 48 of the Regulations stipulates that insurance fraud shall be prosecuted if it is suspected of one of the following circumstances: (1)
Insurance fraud, the amount of which is more than 1 10,000 yuan; (two) the unit engaged in insurance fraud, the amount of more than fifty thousand yuan.
Regarding the crime of accepting bribes by company and enterprise personnel, we should grasp the difference between it and the crime of accepting bribes.