On The Crime Of Insurance Swindling

Fraud in insurance appeared in pace with the development of insurance system. In order to promote insurance cause and restrain the crime of insurance fraud strongly, criminal legislation of each country has stipulated about this crime, though they aren't all the same with each other in such aspects as legislative pattern, mode of fact about a crime and subject of crime. In our country, crime of insurance fraud is defined as, to attain the aim of gaining insurance compensation illegally, the insured or beneficiary's act of defrauding relatively large amount of insurance compensation by means of fabricating insurance object, insurance accident and accident cause, exaggerating extent of damage or creating insurance accident. Object of this crime is insurance system and property right of insurance company; objective aspect is cheating insurance company out of its property using means of fabricating insurance object, insurance accident and accident cause, exaggerating extent of damage or creating insurance accident and so on; subject of this is the insured or beneficiary while someone else thinks it is general subject. Crime of insurance fraud is not behavioral offence but consequential offence, that is, amount offence. When determining its initiation, we should combine the basic principle of the crime of swindling and the fundamental theory of criminal pattern, integrate every insurance frauds in detail. Generally speaking, initiation of this crime comes into being when the actor begins to carry out fraudulent conduct on insurance company under the control of fraudulent intention. Moreover, the act of cheating insurance company out of its property with the collaboration of the inside and the outside should be determined as corruption or official encroachment, because, as an abstract entity, insurance company's all activities are represented by it's staff members, if they are not defrauded, neither is insurance company. Since it is so, act of defrauding inside the insurance company should be determined as corruption to official encroachment.