2. How to identify standard insurance fraud?
(1) Draw a clear line between insurance fraud and non-criminal behavior. The key is whether the amount of fraudulent insurance money has reached a large amount. If it does not reach a large amount, it can be dealt with as a general violation of the insurance law. If the amount is large, it constitutes the crime of insurance fraud.
(2) Identification of insurance fraud involving related crimes. Whoever commits insurance fraud activities and intentionally causes property loss, death, disability and illness of the insured by means of arson, murder, injury, spreading infectious diseases, abuse and abandonment, and defrauds insurance money, shall be punished for arson, insurance fraud, intentional homicide, insurance fraud and intentional injury in accordance with the provisions of the second paragraph of Article 198 of the Criminal Law. 4. Penalty provisions for the crime of insurance fraud According to the provisions of Article 198 of the Criminal Law, those who commit the crime of insurance fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 654.38 million yuan but not more than 654.38 million yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years/kloc-0 years but not more than 0 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of 10, and shall also be fined between 20,000 yuan and 200,000 yuan or confiscated. If a unit commits the crime of insurance fraud, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years 10 years; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of 10 years or more.