保险诈骗罪停止形态及认定

he evidence recognizing of stop patterns of insurance fraud offense

保险诈骗犯罪存在既遂、未遂、中止和预备四种停止形态。认定保险诈骗犯罪四种停止形态的关键是准确认定犯罪行为何时为着手。行为人开始实行刑法分则所规定的五种具体的实行行为时,即为保险诈骗犯罪的着手。侦查人员应围绕行为人主观心理活动以及由此外化的客观行为,考察行为人的心理过程、实施保险诈骗行为所进入的环节,全面搜集有关证据。

According to the theory of the criminal law, there are four stop pattern is not deep enough, especially in the evidence research of attempted insurance fraud pattern. Therefore, based on principle of the criminal law and insurance law, in the light of relevant judicial interpretations, this article elaborated and discussed the penal code and evidence recognizing of the consumma- tion, attempted, suspension and preparation patterns, these above will help public organs in practice find evidence of the four stop patterns of insurance fraud accurately and improve quality and efficiency in handling such case. So, it is of a certain theoretical and practical meaning.