2. If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of this article.
According to the relevant provisions of "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards of Economic Crime Cases", illegal business cases shall be prosecuted if they meet one of the following circumstances:
1. Whoever, in violation of state regulations, engages in international telecommunications services or profit-making activities involving telecommunications services in Hong Kong, Macao and Taiwan without authorization by renting international private lines, privately setting up exchange equipment or other means, is suspected of one of the following circumstances, shall be prosecuted: (1) Engaged in outbound business with an amount of more than 6,543,800 yuan; (2) The loss of telecom tariff caused by the operation of inbound business is more than 6,543,800 yuan; (3) Having been subjected to administrative punishment for more than 2 times for illegally operating international telecommunication services or telecommunication services involving Hong Kong, Macao and Taiwan, although the above-mentioned amount standard has not been reached.
2. Whoever is suspected of any of the following circumstances shall be investigated for the crime of illegally operating foreign exchange: (1) buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its sub-centers, with an amount of more than 200,000 US dollars, or with an illegal income of more than 50,000 yuan; (2) A company, enterprise or other unit, in violation of the relevant provisions on foreign trade agency business, fraudulently buys foreign exchange from a designated foreign exchange bank for others by illegal means, or knowingly forges or alters documents or commercial documents, the amount of which is more than 5 million US dollars, or the illegal income is more than 500,000 yuan; (3) The amount of foreign exchange fraudulently purchased through intermediaries is more than 1 10,000 USD or the illegal income is more than 1 10,000 RMB.
3. Publishing, printing, copying and distributing illegal publications in violation of state regulations shall be prosecuted under any of the following circumstances: (1) The illegal business amount of an individual is more than 50,000 yuan, and the illegal business amount of a unit is more than 6,543,800 yuan+0.5 million yuan; (two) the amount of illegal income of individuals is more than 20 thousand yuan, and the amount of illegal income of units is more than 50 thousand yuan; (3) Individuals illegally operate 5,000 newspapers or 5,000 periodicals or 2,000 books or more than 500 audio-visual products and electronic publications, and units illegally operate15,000 newspapers or periodicals15,000 books or 5,000 audio-visual products or electronic publications 1500.
Four, without the approval of the relevant competent departments of the state, illegal securities, futures or insurance business, the amount of illegal business is more than 300 thousand yuan, or the amount of illegal income is more than 50 thousand yuan, should be prosecuted.
Five, individuals or units engaged in other illegal business activities, suspected of one of the following circumstances, should be prosecuted: (a) the amount of illegal business of individuals is more than 50 thousand yuan, or the amount of illegal income is more than 6.5438+0 million 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.
Edit the sentencing standard in this paragraph. 1. Illegal business in salt.
Reference point of statutory benchmark punishment for fixed-term imprisonment of not more than five years, criminal detention and single penalty
Whoever illegally deals in salt of more than 20 tons but less than 30 tons shall be sentenced to criminal detention or fined. Anyone who illegally deals in 30 tons of salt shall be sentenced to 1 year imprisonment, and the term of imprisonment shall be increased by 1 year for every additional 6 tons.
Those who have been subjected to administrative punishment for illegally dealing in salt and illegally dealing in salt 10 tons for more than two times shall be sentenced to fixed-term imprisonment of not more than six months, and the term of imprisonment shall be increased by six months for each additional two tons.
Reference point of statutory benchmark punishment for fixed-term imprisonment of more than five years
Whoever illegally deals in 50 tons of salt shall be sentenced to five years' imprisonment, and the term of imprisonment shall be increased by one year for each additional 10 ton.
Those who have been subjected to administrative punishment for more than two times for illegally dealing in salt or for illegally dealing in salt of more than 25 tons shall be sentenced to fixed-term imprisonment of not more than five years, with each additional 65,438+00 tons, the term of imprisonment shall be increased by one year.
Reference point of legal benchmark punishment for unit criminal responsibility personnel
If a unit commits a crime, the directly responsible person in charge and other directly responsible personnel shall be sentenced according to the above-mentioned legal benchmark punishment reference point.
Special provisions on aggravating sentencing
Recidivism, illegal business by using the identity of salt, punished according to the above-mentioned legal benchmark punishment reference point, upgraded to criminal detention punishment; Those who intend to be sentenced to criminal detention will be upgraded to fixed-term imprisonment; Those who intend to be sentenced to fixed-term imprisonment will be punished by 10%.
Two. Illegal management of tobacco products
Reference point of statutory benchmark punishment for fixed-term imprisonment of not more than five years and criminal detention
Without the permission of the department of tobacco monopoly administration, without production license, wholesale license or retail license, under any of the following circumstances, if the circumstances are serious, the statutory benchmark punishment shall be fixed-term imprisonment of not more than one year:
(1) The amount of personal illegal business operation reaches 50,000 yuan, or the amount of illegal income reaches 1 10,000 yuan;
(two) the amount of illegal business units reached 500 thousand yuan, or the amount of illegal income reached 6.5438 million yuan;
(3) Having been subjected to administrative punishment for illegal business in tobacco products for more than two times, and the amount of illegal business has reached 20,000 yuan.
Reference point of statutory benchmark punishment for fixed-term imprisonment of more than five years
If the circumstances of illegally dealing in tobacco products are particularly serious, the statutory benchmark punishment shall be fixed-term imprisonment of not more than five years.
Three. Illegal operation of telecommunications business
Reference point of statutory benchmark punishment for fixed-term imprisonment of not more than five years, criminal detention and single penalty
If the amount of illegal telecommunication business is less than 6.5438+0.5 million yuan, a fine shall be imposed; 10.5 million yuan but less than 2 million yuan is criminal detention; 2 million yuan, six months in prison, each additional 50 thousand yuan, one month in prison.
Reference point of statutory benchmark punishment for fixed-term imprisonment of more than five years
Those who illegally engage in telecommunication business amount to more than 5 million yuan shall be sentenced to fixed-term imprisonment of not more than five years, with each additional 654.38 million yuan, the term of imprisonment will be increased by one month.
Reference point of legal benchmark punishment for unit criminal responsibility personnel
If a unit commits a crime, the directly responsible person in charge and other directly responsible personnel shall be sentenced according to the above-mentioned legal benchmark punishment reference point.
Special provisions on aggravating sentencing
A recidivist who is sentenced for a crime or punished for illegal business operations for more than two times and intends to be sentenced to gold punishment is upgraded to criminal detention; Those who intend to be sentenced to criminal detention will be upgraded to fixed-term imprisonment; Those who intend to be sentenced to fixed-term imprisonment will be punished by 10%.
Four. Illegal operation of publications
Reference point of statutory benchmark punishment for fixed-term imprisonment of not more than five years, criminal detention and single penalty
Illegal operation of publications amounting to 654.38 million yuan or illegal income of 30,000 yuan or operation of 5,500 newspapers and periodicals or 2,500 books or 550 audio-visual products and electronic publications (boxes) shall be fined; Those whose illegal business amount is more than 654.38+10,000 yuan and less than120,000 yuan, or whose illegal income is more than 30,000 yuan and less than 40,000 yuan, or more than 5,500 newspapers and less than 6,000 periodicals, or more than 550 audio-visual products and electronic publications, shall be sentenced to criminal detention; Those whose illegal business amount reaches 6,543.8+200,000 yuan, or whose illegal income reaches 40,000 yuan, or those who operate 6,000 newspapers, 6,000 periodicals, 3,000 books, 600 audio-visual products, and electronic publications (boxes) shall be sentenced to six months' imprisonment. For every increase of 3,000 yuan or 200 800 yuan newspapers, periodicals and electronic publications (boxes).
Reference point of statutory benchmark punishment for fixed-term imprisonment of more than five years
The amount of illegal business operations is more than 250,000 yuan or the illegal income is less than 70,000 yuan, or newspapers10.5 million copies, periodicals10.5 million copies, books 5,000 copies or audio-visual products and electronic publications10.5 million copies (boxes) are sentenced to fixed-term imprisonment of not more than five years; Every time the amount of crime increases by 1000 yuan or the illegal income increases by 1000 yuan, or 300 newspapers, 50 books or 20 electronic publications (boxes), the sentence will be increased by one month.
Reference point of legal benchmark punishment for unit criminal responsibility personnel
If a unit commits a crime, the directly responsible person in charge and other directly responsible personnel shall be sentenced according to the above-mentioned legal benchmark punishment reference point.
Special provisions on aggravating sentencing
A recidivist who is sentenced for a crime or punished for illegal business operations for more than two times and intends to be sentenced to gold punishment is upgraded to criminal detention; Those who intend to be sentenced to criminal detention will be upgraded to fixed-term imprisonment; For fixed-term imprisonment, the penalty is 10%.