How to measure the penalty for the crime of illegal business operation
L if a natural person commits this crime, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than one time but not more than five times the illegal income; If the circumstances are 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.
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.
The implementation of illegal business activities mainly includes:
1. Without permission, the act of dealing in exclusive commodities or other commodities whose operation is restricted by laws and administrative regulations. The so-called monopoly, monopoly goods or other restricted goods refer to the goods that are monopolized, monopolized or restricted by the state monopoly department in order to ensure the stability of the national economy or other social order that restricts people's free trade. It mainly includes: materials, gold and silver and their products, military products, gunpowder products, natural diamonds, drugs, cigarettes and so on, which are restricted or prohibited by the state from trading freely. However, the crime of illegal business operation does not include articles that have been listed as specific criminal targets in the criminal law, such as guns, ammunition, opium, etc.
2. Buying and selling import and export licenses, import and export certificates of origin and other licensing or approval documents as stipulated by laws and administrative regulations. The so-called import and export license refers to the license issued by the competent foreign trade department to importers or exporters for the purpose of strengthening the management of import and export commodities. The so-called certificate of origin for import and export refers to the certificate confirming the origin, source or provenance of import and export commodities. None of the above documents can be bought or sold freely. So buying and selling on this basis is illegal.
3. Other illegal business operations that seriously disrupt the market order. That is, all illegal business operations that seriously disrupt the market order except the first two acts and other illegal business operations that disrupt the market order in this section. For example, monopolizing supply, driving up prices and illegal pyramid schemes.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Criminal law of the people's Republic of China
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, 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; (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.