It is a very important task to eradicate pyramid selling and purify society. In some cities and regions with pyramid schemes, special anti-pyramid schemes offices have even been set up.
First, the sentencing standards for the crime of organizing and leading pyramid selling activities
In the name of business activities such as selling goods and providing services, organizations and leaders require participants to obtain membership by paying fees or purchasing goods and services, and form a hierarchy in a certain order. If they directly or indirectly use the number of developers as the basis for remuneration or rebate, they induce or coerce participants to continue to develop pyramid schemes that others participate in, defraud property and disrupt economic and social order, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.
Organizers and leaders of MLM organizations that meet the requirements of the first paragraph of Article 1 of this opinion shall be deemed as "serious circumstances" as stipulated in Article 224 of the Criminal Law in any of the following circumstances:
(a) there are more than one hundred and twenty people organizing and leading pyramid selling activities;
(2) Directly or indirectly collecting pyramid selling funds paid by personnel involved in pyramid selling activities, with a cumulative amount of more than 2.5 million yuan;
(3) Having received criminal punishment for organizing and leading pyramid schemes, or having received administrative punishment for organizing and leading pyramid schemes within one year, and directly or indirectly developing others to participate in pyramid schemes, with more than 60 people;
(four) causing serious consequences such as mental disorder and suicide of the personnel involved in pyramid schemes;
(5) Causing other serious consequences or adverse social impact.
Second, the constitutive elements of the crime of organizing and leading pyramid selling activities
Object element
The object of this crime is a complex object, which not only infringes on citizens' property ownership, but also infringes on the market economic order and social management order. The object of this crime is citizens' personal property, usually money. MLM is often accompanied by tax evasion and price gouging, which infringes on many social relations and legal objects.
Objective elements
Objectively, this crime is manifested as a serious act of organizing and engaging in pyramid selling activities and disrupting market order in violation of state regulations. However, not all pyramid schemes constitute a crime. If the circumstances are general, it is a general illegal act, and the administrative department for industry and commerce will give administrative punishment. Only if the perpetrator's pyramid scheme is serious will it constitute a crime, and criminal responsibility shall be investigated according to law. In addition, it is necessary to distinguish between pyramid selling crimes and illegal acts in direct selling activities. If there are deceptive and misleading behaviors in direct selling, such as exaggerating the income of direct sellers and the efficacy of products, the direct selling supervision department should impose administrative penalties and should not be considered as pyramid selling crimes.
If the circumstances are serious, we should comprehensively weigh the amount involved in pyramid selling, the number of pyramid selling developers, the means used in pyramid selling, the impact caused by pyramid selling and other factors.
Theme element
The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. This crime is mainly aimed at the organizers of pyramid schemes and the active participants who have repeatedly introduced, deceived and coerced others to join pyramid schemes. For the general participants, they will not be investigated.
According to Article 2 of the Supreme People's Court's June 1999 Interpretation on Relevant Issues Concerning the Specific Application of Law in the Trial of Unit Crimes, "companies, enterprises and institutions established by individuals for illegal and criminal activities commit crimes, or after the establishment of companies, enterprises and institutions, the main activity is to commit crimes." Therefore, according to the provisions of judicial interpretation, companies specializing in pyramid selling activities are not treated as unit crimes, and their organizers and main participants are convicted and punished as natural persons.
subjective factor
Subjectively, this crime is direct and intentional, with the purpose of illegal profit. That is to say, the perpetrator knows that he is carrying out pyramid selling activities, which is prohibited by national laws and regulations, but in order to achieve the purpose of illegal profit, he still carries out this kind of behavior, and has hope for the harmful results and actively pursues it.
Third, how to sentence the crime of assisting in organizing pyramid schemes?
Those who cheat a small part will generally be educated and their illegal income will be recovered.
Those who organize and lead pyramid selling activities in the name of a unit are generally not investigated for criminal responsibility for those who are assigned by the unit and only engage in labor services.
The above is the whole content of this paper, from which we can know that the sentencing standard of illegal pyramid selling crime is 20 19, the constitutive elements of pyramid selling crime and the identification standard of pyramid selling crime. They are online 24 hours a day and can answer your legal questions at any time.
The above is the whole content of this article, from which we can know the sentencing standard of the crime of organizing and leading pyramid schemes, the constitutive elements of the crime of organizing and leading pyramid schemes, and how to sentence the crime of assisting in organizing pyramid schemes. They are online 24 hours a day and can answer your legal questions at any time.
Legal objectivity:
Article 224-1 of the Criminal Law of People's Republic of China (PRC) organizes and leads pyramid selling activities in the name of selling goods and providing services, requiring participants to obtain the qualification to join by paying fees or purchasing goods and services, forming a hierarchy in a certain order, directly or indirectly taking the number of people who have developed as the basis for reward or rebate, inducing or coercing participants to continue to develop others to participate, defrauding property and disrupting economic and social order, shall be sentenced to fixed-term imprisonment of not more than five years. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.