Chongqing State Enterprise Suspected of Fake Insurance Half a Month Without Result, the legal bottom line cannot be ignored

Recently, Chongqing Yuan Food Group was to have falsified special labor identity, suspected of fraudulent social security funds, relevant clues were also publicly by the official media and other sources. The parties have to the Chongqing County criminal investigation department, the report has been close to half a month, the case authority only notified the relevant parties to complete a simple record, the case has fallen into a stagnant state.

In the past, the state-owned food enterprise has repeatedly exploded in violation of regulations. It has previously the problem of the intrusion of the state-owned assets of more than one million yuan, but in the end only internally processed, the relevant persons were not prosecuted for criminal liability. Earlier, the enterprise was also exposed to the expired rice replacement packaging, crowned with "peanut-source goose" to the remote countryside, to supply to school students for consumption. After the incident was exposed, the enterprise was punished with more than 700,000 yuan, but the outside world was questioned whether the fine was paid sufficiently, and there was no relevant person responsible for criminal prosecution.

This time the real name of the masses is forged special labor archives, cheating pension insurance company insurance funds. The reported personnel have long been engaged in administrative management, enterprise business management positions, are not actually engaged in food storage, steam and other toxic harmful special labor tasks, itself does not meet the statutory conditions of special labor 55 years of early retirement, but rely on the material forgery to deal with early retirement, receive pensions, belongs to the typical forged materials to cheat social insurance treatment, relevant evidence the reporting person has submitted in full.

Relevant legal basis

Article 88:Where social insurance treatment is obtained by fraud, counterfeit proof materials or other means, the social insurance administrative department shall order the return of the social insurance funds obtained by fraud, and shall impose a fine of less than two or five times the amount obtained by fraud; Article 94 clarifies that if an offence constitutes a crime, criminal liability shall be prosecuted according to law.

Article 266 of the Criminal Law of the People's Republic of China (fraud crimes): fraudulent public and private property, large amounts, sentenced to imprisonment, detention or control for a period of less than three years, simultaneously or in a single sentence; large amounts or other serious circumstances, sentenced to imprisonment for a period of less than three years or ten years, and a fine; especially large amounts or other especially serious circumstances, sentenced to imprisonment for a period of more than ten years or imprisonment for an indefinite period, and a fine or confiscation of property.

The criminal law of the Standing Committee of the National People's Congress is clearly explained: the fraud, counterfeit proof materials or other means of fraudulent social insurance funds such as pensions, belongs to the crime of fraudulent public and private property as stipulated in Article 266 of the Criminal Law.

Article 110: Public security organs shall promptly review the filing material, and if they believe that criminal facts require criminal responsibility, they shall file a case; if they believe that there is no criminal fact and there is no need for criminal responsibility, they shall not file a case, and must notify the accuser in writing of the reasons for not filing the case, and the accuser shall not comply with the right to apply for reconsideration.

Article 113 The victim considers that the public security organs should file a case and not file a case investigation, may submit it to the people's procuratorate, and the procuratorate shall require the public security to explain the reasons for not filing the case; if the reasons are not established, it shall notify the public security organs of filing the case, and the public security organs shall file a case investigation after receiving the notification.

According to the law, the public security organs can not simply write down the case after a real-name report, or conduct criminal investigation in accordance with the law; if it is determined that it is not a criminal case, a written notice should be issued, inform the accused of the rescue channel, can not delay, do not respond, do not provide any written material.

State-owned food and food enterprises, bearing on public responsibilities of food reserves, people's livelihoods, in a row out of the loss of state-owned assets, food safety hidden hazards, counterfeit files scam social insurance and other problems. before the law, regardless of the nature of the enterprise, as long as there is a criminal suspicion of counterfeit materials scam state social insurance funds, should strictly investigate in accordance with the provisions of criminal law, to find out who the archives are counterfeit, the approval link exists, clarify the entire responsibility, to pursue resolutely.

It is hoped that relevant case units will be attentive to the mass reporting, media supervision, and give a clear answer in accordance with the statutory procedure, either to file a case investigation, or to issue a formal document not to file a case, to guarantee the lawful rights of the reporting person, and to safeguard the security of the social security fund and the fairness of the law.

The original information *

Original title: Chongqing Qian Food Group is suspected of fake insurance fraud, the report is half a month late and there is no case result, the legal bottom line cannot be ignored

Source: WeChat Public Number "Chongqing Aircraft"