The public prosecution agency alleged that from June of 20 13 to April of 20 15, the defendant Pang Hongwei did not obtain the qualification of Pharmaceutical Trading License, and engaged in pharmaceutical trading activities in Liaocheng City, Shandong Province and tianqiao district City, Jinan City. In the meantime, Pang Hongwei purchased freeze-dried rabies vaccine for human use, hepatitis B immunoglobulin, Haemophilus B conjugate vaccine and other drugs from many places in China, and stored them in personal rental places that did not meet the requirements of refrigeration. In the name of "auxiliary materials" or "health products", he sent the above drugs to buyers inside and outside the province through express delivery companies, with a total sales amount of 74,970,966 yuan. From September 20 14 to April 20 15, the defendant Sun Qiming knew that his mother Pang Hongwei had not obtained the qualification conditions such as the Pharmaceutical Trading License, and still helped Pang Hongwei to engage in illegal drug trading activities such as bookkeeping, receipt, delivery and bank transfer, and participated in the sales of 42,666,272 yuan. On this basis, the public prosecution agency requested that Pang Hongwei and Sun Qi be investigated for criminal responsibility for the crime of illegal business operation.
During the trial, the public prosecution agency presented relevant evidence, Pang Hongwei, Sun Qi and their defenders conducted cross-examination, both the prosecution and the defense fully expressed their opinions, and the two defendants made a final statement. Pang Hongwei and Sun Qi had no objection to the criminal facts and charges accused by the public prosecution agency, and they pleaded guilty and repented. After the trial, the court announced the election of the verdict.
How many years is the crime of illegal business operation?
With regard to the crime of illegal business operation, Article 225 of the Criminal Law of China stipulates that anyone who violates state regulations and commits one of the following illegal business operations and disrupts 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 the illegal income or confiscated property:
(a) operating franchise, special business projects or other restricted business projects as stipulated 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;
(3) illegally engaging in securities, futures or insurance business without the approval of the relevant competent department of the state;
(four) other illegal business activities that seriously disrupt the order of the city.
Article 231 Where a unit commits the crimes specified in Articles 221 to 230 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section.
Except for illegal foreign exchange, publications, securities, etc. There are no uniform provisions in national laws and relevant judicial interpretations on the determination of sentencing standards for the crime of illegal business operations. Please refer to the Opinions of Sichuan Higher People's Court on the Implementation Standards of Some Provisions of the Criminal Law and the Criteria for Determining the Circumstances.
3 1. Crime of illegal business operation: unless otherwise stipulated in judicial interpretation, if the amount of illegal business operation of an individual is more than 654.38+million yuan or the amount of illegal income is more than 30,000 yuan, the amount of illegal business operation of a unit is more than 500,000 yuan or the amount of illegal income is more than 654.38+million yuan, it can be regarded as one of the "serious circumstances" stipulated in Article 225 of the Criminal Law; If an individual's illegal business operation amount is more than 300,000 yuan or the illegal income amount is more than 654.38+10,000 yuan, the unit's illegal business operation amount is more than/kloc-0.5 million yuan or the illegal income amount is more than 300,000 yuan, it can be regarded as one of the "particularly serious circumstances" stipulated in Article 225 of the Criminal Law.
Thanks for reading!