Anyone who illegally deals in dangerous goods shall be sentenced to at least three years' imprisonment and at most the death penalty. Illegal operation of dangerous goods may violate the crime of illegally manufacturing, trading, transporting and storing dangerous substances as stipulated in Article 125 of the Criminal Law. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
What are the constitutive elements of the crime of illegal business operation?
1. Object elements: The object of the crime of illegal business operation is the national market management system and business license that restrict the sale of goods.
2. Objective requirements: engaging in monopoly, monopoly or other commodities with restricted trading without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, and engaging in other illegal business activities that disrupt market order and have serious circumstances.
3. Subject elements: the subject of the crime of illegal business operation is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have criminal responsibility ability. The unit can also be the subject of this crime.
Usually, it means that a normal person who has reached the age of 16 constitutes the crime of illegal business operation, while a person who has not reached the age of 16 or a mental patient cannot constitute the crime of illegal business operation. The so-called "unit" refers to all kinds of companies, enterprises, institutions and other legal persons and organizations.
4. Subjective elements: the subjective aspect of the crime of illegal business operation is intentional and has the purpose of seeking illegal interests.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 125 of the Criminal Law of People's Republic of China (PRC) illegally manufactures, buys, sells, transports, mails and stores guns, ammunition and explosives, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Whoever illegally manufactures, buys, sells, transports or stores toxic, radioactive, infectious disease pathogens and other substances and endangers public safety shall be punished in accordance with the provisions of the preceding paragraph. If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.