Article 225 of the Criminal Law 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 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.
Probation is governed by law.
Applicable conditions criminal law article 72 a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time. Among them, people under 18 years old, pregnant women and people over 75 years old should suspend:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can prohibit criminals from engaging in specific activities, entering specific areas, places and contacting specific people during the probation period according to the circumstances of the crime. If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
There are no illegal and criminal acts within two years, and there is no need to continue serving the sentence after two years of probation. Those who commit illegal or criminal acts again within two years from the effective date of the judgment and violate the probation provisions shall serve one year in prison. So as long as you pay more attention after probation, you can avoid jail.
If the case of such criminals is minor, and the criminals show confession, surrender and repentance, China's case-handling organs and relevant procuratorial departments can apply to higher authorities for probation or commutation. Protect the legitimate rights and interests of such illegal personnel and ensure the legal order of China's economic market.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 225 of the Criminal Law, 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.