The insurance abuse is a criminal offence, which is regulated in "§ 265 StGB.

Facts

(1) Who damages one against fall, damage, impairment of usefulness, the loss or theft insured thing, destroyed, in its usefulness impaired, aside creates or to another leaves, in order to provide or third achievements from the insurance, becomes with imprisonment up to three years or with fine punishes, if the act is not threatened with punishment in "§ 263.

(2) The attempt is punishable.

Contrary to the insurance fraud after "§ 263 exp. 3 No. 5 the insurance abuse already places the preparatory act to the fraud under punishment. This substantial expansion made it necessary to lower the punishing framework accordingly. The protected right property is disputed. Anyhow in the literature the social efficiency common interests serving insurance as protection property is represented. Also the fortune of the insurance company than protected right property is partly called.

For the implementation of the facts the property at the thing, which can be mobile both immovably as well as, is insignificant. Actually an insurance contract must exist over the thing concerned, not necessarily is however whether the insurance carries out or not. The act actions are finally mentioned in the facts. On subjective side also the intention is necessary to provide or third the achievements from the insurance apart from resolution. The illegality of this intention is not necessary.

Attempt punishability

Although the legislator out-arranged the facts of the right property injury far pre-aged, it remains unclear why still additionally an attempt punishability was introduced. Who assumes wrongly, those thing is insured, commits a tried insurance abuse. An active regret is not intended.

Competitions with other crimes

Regarding the act actions concomitance with the relevant crimes ("§ 242 with theft, "§ 303 during damage etc.) exists, comes it by the insurance abuse to the fraud, then the insurance abuse behind the fraud withdraws in the context of the

Articles in category "Insurance abuse"

We found here 6 articles.

Related Websites

We found here 4 related websites.

• Chiropractice Insurance Abuse in the 1960s
  Chiropractic Insurance Abuse in the 1960s. James P. Deely, health insurance director of the National Association of Letter Carriers, presented this report ...


• Expert Witness - Insurance Abuse Expert Witnesses
  Directory of expert witnesses in Insurance Abuse providing legal testimony, litigation support, and forensic services to attorneys.


• Experts - INSURANCE ABUSE Expert and Consultant
  Directory of experts in INSURANCE ABUSE providing advice and strategic solutions to attorneys, businesses and government agencies.


• FPA President Testifies at Congressional Hearing on GI Insurance Abuse
  FPA President Testifies at Congressional Hearing on GI Insurance Abuse.