Recently, the Haibowan District Court of Wuhai City, Inner Mongolia disclosed the "case of sister impersonating sister", which has attracted widespread attention from the society. Relevant information shows that the defendant An Moumou was sentenced to three years in prison with a four-year suspended sentence for committing fraud. The reason why this case has attracted widespread attention in the society is that impersonation is not an individual case, and how to interpret this case needs to be analyzed from the specific facts of the case (in order to simplify the expression, the sister is called Sister An, and the younger sister is called Sister An).
Today's Statement: Impostor
1. Overview of the "Case of Sister Impersonating Sister".
According to the information disclosed by the court, in 1993, Sister An died in a traffic accident. An Mei concealed the fact of her sister's death and impersonated Sister An to work. The above facts may only be believed by "aliens", unless Sister An's work is isolated, there are no colleagues, and there is no need for attendance. According to the practice at that time, enterprises owned by the whole people implemented a system of hiring retired employees or their deceased children.
For example, Article 10 of the Interim Measures of the State Council on the Retirement and Retirement of Workers stipulates that, in principle, a worker may be recruited to work if his family life is truly difficult after retirement or retirement. Because Sister An and Sister An are not mother-daughter relationships, the employer, as a consideration of "humanistic care", let Sister An work in the name of Sister An.
In 2007, An Mei reached the retirement age, and in January 2008, An Mei went through the retirement procedures in the Social Security Bureau of Haibo Bay District, Wuhai City, in the name of her Sister An. In 2023, An Mei's impersonation case will be filed for investigation, among which, the clue materials of the case may be reported or found by verification.
After investigation, it was ascertained that from January 2008 to April 2023, the criminal suspect An Mei defrauded the social security fund for the purpose of illegal possession of a total of 393,676.92 yuan. During the review and prosecution stage, An Mei truthfully confessed the facts of the crime, voluntarily pleaded guilty and accepted punishment, and made restitution for the economic losses of the victim's unit. After the public prosecution of this case, the court made the above judgment on the basis of the above facts.
2. The relationship between impersonation and the crime of fraud
If the "case of a younger sister impersonating her sister" is a case announced by the "two supremes," the problem of many groups being impersonated by the mainland can be "easily solved," for example, the issue of the resettlement of retired volunteers. The solution is to deal with the impostor as a fraud, and the impersonator is entitled to the social security treatment of the impostor.
There is also a legal basis for the above-mentioned treatment, especially for the crime of fraud. For example, in April 2014, the Standing Committee of the National People's Congress issued a legislative interpretation, namely the Interpretation of Article 266 of the Criminal Law of the People's Republic of China, which stipulates that fraud, falsification of supporting materials or other means to defraud social insurance funds or other social security benefits such as pension, medical care, work-related injury, unemployment, and maternity by other means is an act of defrauding public or private property under Article 266 of the Criminal Law.
One may wonder why judicial practice cannot handle so many impersonation cases with the crime of fraud. On the one hand, in the workplace, there are very few perpetrators who can conceal the identity of the subject for a long time, so it does not constitute fraud. Since the current judicial practice recognizes civil fraud as a crime of fraud, most people regard An Mei as a crime of fraud. On the other hand, there is no factual basis for determining that the fraudulent person has paid for his work in accordance with the "equal pay for equal work" rule for the purpose of illegal possession.
In the mainland, impersonation is not an isolated phenomenon and has given rise to social problems, such as the impersonation of many retired volunteers and the impersonation of others when they are admitted to institutions of higher learning. In order to solve the above-mentioned social problems, the Criminal Law Amendment (11) adds the crime of impersonation.
Article 280-2 of the Criminal Law stipulates the crime of impersonation, that is, the crime of stealing or fraudulently using the identity of another person to replace the qualifications obtained by another person for admission to higher education, qualifications for employment as a civil servant, or employment placement benefits, constitutes this crime.
The third paragraph provides for competition, that is, if a state functionary commits the acts in the preceding two paragraphs, which also constitute other crimes, he shall be punished in accordance with the provisions on combined punishment for multiple crimes. For example, if the identity is concealed for a long time without the knowledge of the unit, the crime of fraud may be constituted in the state-owned unit, but the amount of fraud is difficult to determine.
The relationship between impersonation and fraud
3. An Mei's judgment results and handling
Since the Criminal Law Amendment (11) has added the crime of impersonation, based on the substantive interpretation, most legal people can conclude that the legislative interpretation of the Interpretation of Article 266 of the Criminal Law of the People's Republic of China has been replaced. Not only that, according to the rule of the Criminal Law that applies the old and lenient interpretation, the judicial organs should not consider that the defendant An Mei constituted the crime of fraud.
Whether or not the "sister impersonation of sister case" has been revoked by a higher judicial organ also involves the issue of judicial fairness, for example, if this case is not revoked, how other impersonation cases will be handled, etc. Even if this case is not revoked, because An Mei provided labor, the social insurance agency should approve the social insurance premiums for her. That is, the social insurance premiums can be verified according to the actual working years of An Mei, and the corresponding pension can be paid.
For the sake of maintaining the stability of social relations, it is not appropriate to advocate reporting
As far as the "sister impersonation sister case" is concerned, what the state and society need to consider is: whether it is reasonable for many organs or public opinion to encourage mutual reporting. From a legal point of view, mutual reporting is also known as "mutual accusation". In traditional China, there were only a few dynasties that encouraged adultery at some point, such as the Shang Dynasty's reforms. At present, there are only a few laws on the mainland that encourage reporting, according to which citizens can report each other if the law stipulates that they can report. For the sake of maintaining the stability of social relations, it is not appropriate to advocate whistleblowing, but it should be a different matter when it comes to national security.