According to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products", Article 3, Paragraph 2, Item 1, etc., the amount of illegal business exceeds 250,000 yuan, and so on. It shall be deemed as "the circumstances are particularly serious" in the crime of illegal business operation in Article 225 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of more than five years, with a fine of more than one time but less than five times the illegal income or confiscation of property.
Second, the answer about recidivism
According to Article 65 of the Criminal Law of People's Republic of China (PRC), a criminal sentenced to more than fixed-term imprisonment commits a crime that should be sentenced to more than fixed-term imprisonment within five years after the punishment is executed or pardoned, and is a recidivist. So generally speaking, if a recidivist commits a crime after being detained, it should not be established.
It is suggested that the parties or their relatives entrust criminal lawyers as criminal defenders of criminal suspects and defendants in accordance with the provisions of Articles 33 and 34 of the Criminal Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Law). For example, if a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he himself and his close relatives may apply to a legal aid institution for legal aid.
The contents of the reference law are as follows:
People's Republic of China (PRC) Criminal Law (Law)? Article 65? A general recidivist who is sentenced to fixed-term imprisonment or above refers to a recidivist who commits a crime that should be sentenced to fixed-term imprisonment or above within five years after the punishment is executed or pardoned, except for negligent crimes and crimes committed by people under the age of 18.
The time limit prescribed in the preceding paragraph shall be counted from the date of expiration of parole for criminals who are paroled.
Article 225 of the Criminal Law of People's Republic of China (PRC) (Law)? The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and 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, or shall only, 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: (1) dealing in franchise, monopoly goods or other commodities whose business is restricted by laws and administrative regulations without permission;
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products (Fa Shi [2010] No.7) Article 3 Illegal operation of tobacco monopoly products shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law:
(a) the amount of illegal business is more than fifty thousand yuan, or the amount of illegal income is more than twenty thousand yuan;
(2) Illegally handling more than 200,000 cigarettes;
(three) more than two times in three years due to illegal tobacco monopoly products by administrative punishment, illegal tobacco monopoly products in the amount of more than 30 thousand yuan.
Under any of the following circumstances, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law:
(a) the amount of illegal business is more than 250 thousand yuan, or the amount of illegal income is more than100 thousand yuan;
(2) Illegally handling more than one million cigarettes.