I. Sentencing standard for the crime of illegal business operation
1. If a natural person commits this crime, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than one time but not more than five times the illegal income; If the circumstances are 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 for illegal gains or confiscation of property.
2. If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of this article.
Second, what is the standard for filing the crime of illegal business operation?
The crime of illegal business operation refers to illegal business operation, which involves operating franchised, monopolized or other restricted goods 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, engaging in other illegal business activities, disrupting market order and having serious circumstances.
According to the relevant provisions of the the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Prosecution of Economic Crime Cases, illegal business cases shall be prosecuted if they meet one of the following circumstances:
1. Violating state regulations, engaging in international telecommunication services or profit-making activities involving telecommunication services in Hong Kong, Macao and Taiwan without authorization by renting international private lines, privately setting up exchange equipment or other means, and being suspected of one of the following circumstances, shall be prosecuted: (1) The amount of outbound business is more than 6,543,800 yuan; (2) The loss of telecom tariff caused by the operation of inbound business is more than 6,543,800 yuan; (3) Having been subjected to administrative punishment for more than 2 times for illegally operating international telecommunication services or telecommunication services involving Hong Kong, Macao and Taiwan, although the above-mentioned amount standard has not been reached.
2. Anyone suspected of any of the following circumstances shall be investigated for the crime of illegal foreign exchange operation: (1) buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its sub-centers, with the amount of more than 200,000 US dollars, or the illegal income of more than 50,000 yuan; (2) A company, enterprise or other unit, in violation of the relevant provisions on foreign trade agency business, fraudulently buys foreign exchange from a designated foreign exchange bank for others by illegal means, or knowingly forges or alters documents or commercial documents, the amount of which is more than 5 million US dollars, or the illegal income is more than 500,000 yuan; (3) The amount of foreign exchange fraudulently purchased through intermediary is more than USD 6,543.8+0,000, or the illegal income is more than RMB 6,543.8+0,000.
3. Publishing, printing, copying and distributing illegal publications in violation of state regulations shall be prosecuted if it is suspected of one of the following circumstances: (1) The illegal business amount of an individual is more than 50,000 yuan, and the illegal business amount of a unit is more than150,000 yuan; (two) the amount of illegal income of individuals is more than twenty thousand yuan, and the amount of illegal income of units is more than fifty thousand yuan; (3) Individuals illegally operate 5,000 newspapers or 5,000 periodicals or 2,000 books or more than 500 audio-visual products and electronic publications, and units illegally operate15,000 newspapers or periodicals15,000 books or 5,000 audio-visual products or electronic publications 1500.
4. Those who illegally engage in securities, futures and insurance business without the approval of the relevant competent departments of the state shall be prosecuted if the illegal business amount is more than 300,000 yuan, or the illegal income is more than 50,000 yuan.
5. Individuals or units engaged in other illegal business activities should be prosecuted if they are suspected of one of the following circumstances: (1) The amount of illegal business operations of individuals is more than 50,000 yuan, or the amount of illegal income is more than 1 10,000 yuan; (2) The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than 654.38+10,000 yuan.
When judging whether illegal business operations constitute a crime, we must judge according to the standard of filing this crime in law. At this time, there are naturally some differences in the requirements of filing standards for different illegally operated goods. The corresponding punishment is reflected in sentencing. In fact, because the specific circumstances and amount of the crime are different, the punishment for the perpetrator is also different.