according to article 25 of the criminal law of the people's Republic of China, * * * the concept of * * the same crime means that two or more people * * * commit a crime intentionally.
if two or more people commit a crime with negligence, they shall not be punished as a crime with negligence; Those who should bear criminal responsibility shall be punished according to the crimes they committed.
article 26 of the criminal law of the people's Republic of China a principal offender is a principal offender who organizes and leads a criminal group to carry out criminal activities or plays a major role in a joint crime.
a relatively fixed criminal organization formed by three or more people who commit crimes together is a criminal group.
The ringleaders who organize and lead a criminal group shall be punished according to all the crimes committed by the group.
the principal offenders other than those specified in the third paragraph shall be punished according to all the crimes they participated in or organized or directed.
according to article 27 of the criminal law of the people's Republic of China, an accessory is an accessory who plays a secondary or auxiliary role in the same crime.
an accessory shall be given a lighter or mitigated punishment or be exempted from punishment.
Article 225 of the Criminal Law of the People's Republic of China violates state regulations and commits one of the following illegal business operations, disrupting the market order. If the circumstances are serious, he 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 confiscated of his property:
(1) dealing in exclusive or exclusive goods or other goods whose trading is restricted as stipulated by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and business licenses or approval documents as stipulated by other laws and administrative regulations;
(3) illegally engaging in securities, futures and insurance business without the approval of the relevant competent department of the state, or illegally engaging in fund payment and settlement business;
(4) other illegal business operations that seriously disrupt the market order.
Article 79 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs [Illegal business case (Article 225 of the Criminal Law)] violates state regulations, conducts illegal business activities and disrupts market order, and is suspected of one of the following circumstances:
(1) illegally produces, stores, stores and sells salt and disrupts market order in violation of state regulations on salt management. 2. Those who have been subjected to administrative punishment for illegal salt business for more than two times and illegally engaged in salt business with a quantity of more than ten tons.
(2) Violating the national laws and regulations on tobacco monopoly management, illegally operating tobacco monopoly products without the permission of the tobacco monopoly administrative department, and without the license certificates of tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, special tobacco monopoly operation enterprise license, tobacco monopoly retail license, under any of the following circumstances:
1. The illegal business amount is more than 5, yuan, or the illegal income amount is more than 2, yuan;
2. illegally handling more than 2, cigarettes;
3. Those who have been subjected to more than two administrative punishments for illegally dealing in tobacco monopoly products within three years, and the amount of illegal dealing in tobacco monopoly products is more than 3, yuan.
(3) illegally engaging in securities, futures and insurance business, or illegally engaging in fund payment and settlement business without the approval of the relevant competent department of the state, in any of the following circumstances:
1. illegally engaging in securities, futures and insurance business with an amount of more than 3, yuan;
2. illegally engaging in fund payment and settlement business, with an amount of more than 2 million yuan;
3. In violation of state regulations, using point-of-sale terminal equipment (POS machines) and other methods, directly paying cash to credit card holders in the form of fictitious transactions, false pricing, cash return, etc., where the amount is more than one million yuan, or the financial institution's funds are overdue for more than 2, yuan, or the financial institution's economic losses are more than 1, yuan;
4. The amount of illegal income is more than 5, yuan.
(4) illegal operation of foreign exchange, under any of the following circumstances:
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 2, US dollars, or with an illegal income of more than 5, yuan;
2. A company, enterprise or other unit, in violation of the regulations on foreign trade agency business, fraudulently buys foreign exchange from a designated foreign exchange bank for others by illegal means or knowing that it is forged or altered vouchers or commercial documents, with an amount of more than 5 million US dollars or an illegal income of more than 5, yuan;
3. buying foreign exchange fraudulently through intermediaries, with an amount of more than one million dollars or an illegal income of more than 1, yuan.
(5) publishing, printing, copying and distributing illegal publications that seriously endanger social order and disrupt market order, under any of the following circumstances:
1. The amount of illegal business by individuals is more than 5, yuan, and the amount of illegal business by units is more than 15, yuan;
2. If the illegal income of an individual is more than 2, yuan, the illegal income of a unit is more than 5, yuan;
3. Individuals illegally operate 5, newspapers or 5, periodicals or 2, books or more than 5 audio-visual products and electronic publications, and units illegally operate 15, newspapers or 15, periodicals or 5, books or more than 1,5 audio-visual products and electronic publications;
4. Although it does not meet the above-mentioned amount standard, it has one of the following circumstances:
(1) Having been given administrative punishment for publishing, printing, copying and distributing illegal publications for more than two times within two years, and publishing, printing, copying and distributing illegal publications;
(2) publishing, printing, copying and distributing illegal publications have caused adverse social impact or other serious consequences.
(6) illegally engaging in the publishing, printing, reproduction and distribution of publications, which seriously disrupts the market order, and has one of the following circumstances:
1. The illegal business amount of individuals is more than 15, yuan, and the illegal business amount of units is more than 5, yuan;
2. If the amount of illegal income of an individual is more than 5, yuan, the amount of illegal income of a unit is more than 15, yuan;
3. Individuals illegally operate 15, newspapers or periodicals or 5, books or audio-visual products or electronic publications, and units illegally operate 5, newspapers or periodicals or books or audio-visual products or electronic publications;
4. Those who have been given administrative punishment for illegally engaging in publication, printing, reproduction and distribution for more than two times within two years, and illegally engaging in publication, printing, reproduction and distribution.
(7) engaging in international telecommunications business or engaging in profit-making activities involving Hong Kong, Macao and Taiwan telecommunications business without authorization by renting international private lines, privately setting up switching equipment or other methods, which disrupts the management order of the telecommunications market, under any of the following circumstances:
1. The amount of outgoing business is more than one million yuan; 2. The loss of telecom charges caused by the operation of incoming business is more than one million yuan;
3. Although it does not meet the above-mentioned amount standard, it has one of the following circumstances:
(1) It has been punished twice or more for illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan within two years, and illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan;
(2) other serious consequences are caused by illegal operation of international telecommunication services or telecommunication services involving Hong Kong, Macao and Taiwan.
(8) engaging in other illegal business activities under any of the following circumstances:
1. The amount of illegal business operations by individuals is more than 5, yuan, or the amount of illegal income is more than 1, yuan;
2. The illegal business operation amount of the unit is more than 5, yuan, or the illegal income amount is more than 1, yuan;
3. Although it does not meet the above-mentioned amount standard, it has received administrative punishment for the same illegal business operation for more than two times within two years, and has engaged in the same illegal business operation;
4. Other serious circumstances.