保险诈骗罪的共犯问题探究

The Complicity Problems about the Crime of Insurance Fraud

在实践中,保险诈骗罪往往通过共同犯罪的形式实施。对于投保人、被保险人、受益人之间的共同犯罪,在司法中应注意以自伤、自杀或自毁财物的手段骗取保险金情形的认定与处理。因为保险诈骗罪的实行行为是复合行为,无身份者可以参与实施其中的虚构保险理赔原因的欺诈行为,所以也可构成共同实行犯。刑法第198条第4款是关于保险诈骗罪共犯的特别规定,其中既包括保险事故的鉴定人、证明人、财产评估人基于单方故意的片面共犯,也包括与投保人、被保险人、受益人合谋的普通共犯。投保人、被保险人、受益人与保险公司工作人员内外勾结,共同故意诈骗保险金的行为,可以根据想象竞合犯的处断原则予以定罪处罚。

The crime of insurance fraud is often manifested in practice as a joint criminal. For the joint criminal involved with the applicant for insurance, the insured and the beneficiary, the identification and treatment of insurance premium fraud cases committed by means of self-injurious behavior, suicide or self-destruction of property shall be paid attention to. The executive conduct of insurance fraud is a compound behavior. Person without certain identity also may participate in conducting the fraud behavior that fabricates the reasons for insurance claim, thus he also may constitute the joint crime practitioner. The paragraph 4, Article 198 of the Penal Code is the special provision about the accomplices of insurance fraud, which includes not only the one-sided accomplices, such as the appraiser, the witness and the assessor of the insured accident who are based on the deliberate intention, but also the ordinary accomplices who are conspired with the applicant for insurance, the insured and the beneficiary. The joint and intentional deception of insurance premium by the applicant for insurance, the insured and the beneficiary, as well as the staff of the insurance companies may be convicted and punished in accordance with the principle of imaginative joinder of offenses.