Whoever commits the crime of illegal business operations shall in principle be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to five years' imprisonment or criminal detention. A person may be sentenced to fixed-term imprisonment of not less than 1 year and a fine of not less than one time but not more than five times his illegal income, or his property may be confiscated. This must be analyzed based on the specific circumstances, and a lawyer may be entrusted to intervene if necessary.
The "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards for Criminal Cases under the Jurisdiction of Public Security Organs (2)" stipulates in Article 79 of the "Notice":
1. The amount of illegal business operations of individuals is more than 50,000 yuan, and the amount of illegal business operations of units is more than 150,000 yuan;
2. The amount of illegal income of individuals is more than 20,000 yuan, and the amount of illegal income of units is more than 20,000 yuan, The illegal income of an individual is more than 20,000 yuan, and the illegal income of an organization is more than 50,000 yuan;
3. The illegal business amount of an individual is more than 50,000 yuan, and the illegal business amount of an organization is more than 50,000 yuan. ;
4. The illegal business amount of an individual is more than 50,000 yuan, and the illegal business amount of an unit is more than 50,000 yuan;
5. The illegal business amount of an individual is more than 50,000 yuan, The illegal business amount of the unit is more than 50,000 yuan. An individual illegally operates more than 5,000 newspapers, 5,000 periodicals, 2,000 books, or 500 audio-visual electronic publications. Administrative penalties for publishing, printing, copying, and distributing illegal publications more than twice, and re-publishing, printing, copying, and distributing illegal publications;
(2) Publishing, printing, copying, and distributing illegal publications, Causing adverse social impact or other serious consequences.
Legal basis:
Article 79 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Filing Standards for Criminal Cases under the Jurisdiction of Public Security Organs (2)" violates national regulations and conducts illegal activities Business activities that disrupt market order, and are suspected of any of the following circumstances, should be filed for prosecution:
(1) Violating national salt industry management regulations, illegally producing, storing, transporting, and selling salt, disrupting market order, One of the following situations:
1. The quantity of illegally sold salt is more than 20 tons;
2. Those who have received more than two administrative penalties for illegally selling salt and the quantity of illegally sold salt is more than 10 tons.
(2) Violating national tobacco monopoly management laws and regulations, without permission from the tobacco monopoly administrative department, and without obtaining a tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, or special tobacco monopoly business enterprise license License, tobacco monopoly retail license and other licenses, illegal operation of tobacco monopoly products, and one of the following circumstances:
1. The amount of illegal business operations is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;
2. The illegal business operation of more than 200,000 cigarettes;
3. Those who have illegally operated tobacco monopoly products have received more than two administrative penalties, and have illegally operated tobacco monopoly products with an amount of more than 30,000 yuan.
(3) Illegally operating securities, futures, and insurance businesses, or illegally engaging in fund payment and settlement business without the approval of the relevant national competent authorities, or falling into any of the following circumstances:
1 ． Illegal operation of securities, futures, and insurance businesses with an amount exceeding 300,000 yuan;
2. Illegally engaged in fund payment and settlement business with an amount exceeding RMB 2 million;
3. Violating national regulations, using point-of-sale terminals (POS machines) and other methods to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc., with an amount exceeding one million yuan, or causing financial institutions to lose funds. More than 200,000 yuan is overdue, or the financial institution suffers a financial loss of more than 100,000 yuan;
4. The amount of illegal income is more than 50,000 yuan.
(4) Illegal foreign exchange operations and any of the following circumstances:
1. Buying and selling foreign exchange outside designated foreign exchange banks and the China Foreign Exchange Trading Center and its branches, with an amount exceeding 200,000 U.S. dollars or illegal gains exceeding 50,000 yuan;
2. A company, enterprise or other unit violates the regulations on foreign trade agency business, uses illegal means, or knowingly forges or alters vouchers or commercial documents to fraudulently purchase foreign exchange from a designated foreign exchange bank for others, with the amount exceeding US$50,000 or illegal gains The amount is more than 50,000 yuan;
3.
3. Fraudulent purchase of foreign exchange through the introduction of an intermediary, with the amount exceeding one million U.S. dollars or the amount of illegal gains exceeding 100,000 yuan.
(5) Publish, print, copy or distribute illegal publications that seriously endanger social order and disrupt market order, and meet any of the following circumstances:
1. The amount of illegal business operations of individuals is more than 50,000 yuan, and the amount of illegal business operations of units is more than 150,000 yuan;
2. The amount of illegal income of individuals is more than 20,000 yuan, and the amount of illegal income of units is more than 50,000 yuan ;
3. Individuals illegally operate more than 5,000 newspapers or more than 5,000 periodicals, or more than 2,000 books, or more than 500 audio-visual electronic publications (boxes), and units illegally operate more than 15,000 newspapers or 15,000 periodicals. More than 5,000 books or more than 1,500 audio-visual electronic publications (boxes);
4. Although the above amount standard is not reached, but one of the following circumstances exists: Although the above amount standard is met, but one of the following circumstances exists: (1) Due to illegal publication, printing, copying, and distribution within two years The property has been subject to more than two administrative penalties and has published, printed, copied, or distributed illegal publications;
(2) The publication, printing, copying, or distribution of illegal publications has caused adverse social impact or other serious consequences of.
(6) Illegal engagement in publication, printing, reproduction, and distribution business, seriously disrupting market order, and any of the following circumstances:
1. The illegal business amount of an individual is more than 150,000 yuan, and the illegal business amount of an organization is more than 500,000 yuan;
2. The illegal income of an individual is more than 50,000 yuan, and the illegal income of an organization is more than 150,000 yuan;< /p>
3. Individuals illegally operate more than 15,000 newspapers, 15,000 periodicals, 5,000 books, or 1,500 audio-visual electronic publications (boxes), and units illegally operate More than 50,000 copies of newspapers, more than 50,000 copies of periodicals, more than 15,000 copies of books, or more than 5,000 copies (boxes) of audio-visual electronic publications;
4. Although the above amount standards are not reached, but The illegal business amount of the unit exceeds 500,000 yuan within two years;
5. Although the above-mentioned amount standards have not been reached, those who have been administratively punished twice or more within two years for illegally engaging in the publishing, printing, copying, and distribution business of publications, and those who have illegally engaged in the publishing, printing, copying, and distribution business of publications.
(7) To conduct profit-making activities by leasing international dedicated lines, privately installed switching equipment or other means to operate international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan without authorization, disrupting the management order of the telecommunications market, and falling under any of the following circumstances:
1. The amount of operating telephone traffic is more than 1 million yuan;
2. The amount of telecommunications tariff losses caused by operating incoming call business is more than 1 million yuan;
3. The amount of telecommunications charges caused by operating outbound calling business is more than 1 million yuan; The amount of loss in tariff is more than 1 million yuan;
4. The amount of loss in telecommunications tariff caused by operating incoming call business is more than 1 million yuan. Although it does not meet the above amount standard, one of the following circumstances exists:
(1) It has been administratively punished twice or more within two years for illegally operating international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan, and illegally operating international telecommunications business. Telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan;
(2) Illegal operation of international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan; and telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan causing other serious consequences.
(8) Engaging in other illegal business activities under any of the following circumstances:
1. The illegal business amount of an individual is more than 50,000 yuan, or the illegal income amount is more than 10,000 yuan;
2. The illegal business amount of an unit is more than 500,000 yuan, or the illegal income amount is 100,000 yuan Above;
3. Although the amount does not reach the above amount, the amount of illegal income is more than 100,000 yuan. Although the above-mentioned amount standards are not reached, if the administrative penalty is more than twice the amount for similar illegal business activities within two years, the same type of illegal business activities are carried out again;
4. Other serious circumstances.
Derived questions:
What are the constituent elements of the crime of illegal business operations
To constitute the crime of illegal business operations, the following conditions must be met: First, the crime of illegal business operations infringes The object is our country’s economic market management order. The objective manifestation of the crime of illegal business operations is that operators violate relevant national regulations, illegally engage in business activities, disrupt market order, and the circumstances are serious. The subjective aspect of the crime of illegal business operations is intentionality. The subject is a general subject.