The suspected crime of illegal tobacco business is the crime of illegal tobacco business, because tobacco is a product controlled by the state and needs to be operated with a license. Therefore, in the stage of public security reconnaissance, the arrest period is two months, and after the reconnaissance, the public security organ will hand it over to the procuratorate for examination and prosecution. The procuratorate can decide to arrest again at the stage of examination and prosecution, and the period is also two months. If the procuratorate decides to initiate a public prosecution after examination, the criminal suspect will be tried in accordance with the current relevant procedural law after the court files the case. If the facts are conclusive and the evidence is sufficient, the suspect will be convicted and sentenced. Therefore, there is no mandatory provision in the law of our country on how long a criminal who illegally deals in tobacco can be sentenced and put in prison after being arrested, which can be determined according to the time when the public security organ, procuratorate and court handle the case.
legal ground
Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and 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.