Selling gasoline in violation of state regulations, if the circumstances are serious, constitutes the crime of illegal business operation, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated.
Gasoline is a monopoly product stipulated by law. Only gas stations with business licenses can sell gasoline, and individuals or gas stations without gasoline sales licenses cannot sell gasoline.
Criteria for filing the crime of illegal business operation:
1, the amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 1 10,000 yuan;
2. The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than 654.38+10,000 yuan;
3. Other serious circumstances.
Elements of the crime of illegal business operation:
1. The object of the crime of illegal business operation is the normal management of the market by the state and the order of market transactions. In order to maintain the market order and give full play to the regulating role of the market in economic activities, national laws and regulations stipulate that franchised or monopolized commodities or other commodities with restricted transactions must be approved by the relevant competent departments and issued with business licenses before they can operate, and no unit or individual may operate without authorization. Illegal business practices violate the above-mentioned national market management system and disrupt the market order.
The object of this crime refers to the franchised and monopolized goods that are operated without permission, or the goods and articles that are restricted in trade, foreign exchange and import and export licenses, import and export certificates of origin, business licenses or approval documents as stipulated by other laws and regulations.
2. The objective aspect of this crime is to violate state regulations, engage in illegal business activities and disrupt market order. First of all, the actor violated the relevant laws and regulations of the state, mainly referring to a series of laws and regulations of the state on franchising, monopolizing goods or other goods with restricted transactions. Secondly, engage in illegal business activities and disrupt market order.
3. The subject of this crime can be composed of any individual or unit.
4. The subjective aspect of this crime is intentional, that is, knowing that his behavior is illegal and will have serious consequences of disrupting market order, but the actor hopes or lets this result happen. Subjectively, the actor often has a profit-making purpose, but whether he has this purpose or not does not affect the establishment of this crime, and negligence cannot establish this crime.
What should I do if the gasoline seller is detained by the public security organ?
1. If the gasoline seller is detained by the public security organ, you can hire a lawyer for him first. After a criminal case is put on file, the criminal suspect may hire a lawyer to provide legal assistance from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken. In order to fully protect this right of criminal suspects, investigators should inform criminal suspects that they have the right to entrust lawyers during interrogation.
2. The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(1) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2) may be sentenced to more than fixed-term imprisonment, and obtaining a bail pending trial will not cause social danger;
(3) Women who are seriously ill, unable to take care of themselves, pregnant or nursing babies will not be socially dangerous if they are released on bail pending trial;
(4) Upon the expiration of the detention period, the case has not yet been settled, and it is necessary to obtain bail pending trial.
Bail pending trial shall be executed by the public security organ.
If citizens and units want to sell gasoline, they need to obtain the permission of the relevant state departments first. In any case of selling gasoline without permission, citizens and units that commit this act may bear corresponding criminal responsibilities because they are suspected of illegal business operations.
Legal basis:
Article 225 of the Criminal Law stipulates that the crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, which disturbs the market order. If the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.