According to the provisions of relevant laws, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than 1 times but not more than 5 times; 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/kloc-0 but not more than 5 times the illegal income, or his property shall be confiscated. In violation of state regulations, those who illegally buy, sell, store or transport liquefied gas shall be detained by the public security department in accordance with relevant regulations at 10 days or more 15 days or less; If the circumstances are minor, they shall be detained for more than five days and less than ten days. Those who engage in liquefied gas business activities without obtaining a gas business license and a gas supply station license shall have their illegal property confiscated and may be fined between 20,000 yuan and 200,000 yuan. Where gas is used or stored in places without safety conditions, the gas management department shall order it to make corrections within a time limit; If no correction is made within the time limit, the unit may be fined 654.38+10,000 yuan, and the individual may be fined 1000 yuan; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Those who report clues about illegal activities in operating liquefied petroleum gas to the public security organs and gas management departments will be rewarded once verified.
What are the conditions for filing a criminal case?
Both conditions must be met:
(a) the existence of criminal facts is called factual conditions;
The existence of criminal facts refers to the objective existence of a criminal act that harms society. This is the first condition for filing a case. If there are no criminal facts, there is no problem of filing a case. There are criminal facts, including two aspects
1. If you want to file a case for investigation, it must be an act that constitutes a crime according to the provisions of the Criminal Law. According to the criminal law, a criminal act refers to an act that violates the criminal law and endangers society and should be punished by punishment. There are no criminal facts, or there are illegal acts that endanger society according to the provisions of Article 15 1 of the Criminal Procedure Law, but the circumstances are obviously minor and the harm is not great, so the case shall not be filed.
2. There must be certain factual materials to prove that the criminal facts did happen. The so-called "has really happened" refers to the fact that the crime does exist, including the criminal acts that have been implemented, are being implemented and are preparing for the crime. The fact that a crime did occur must be proved by certain factual materials, rather than hearsay, fabrication out of thin air and catching shadows.
(two) the need to be investigated for criminal responsibility, known as the statutory conditions;
The need to investigate criminal responsibility means that the perpetrator should be investigated for criminal responsibility according to law. This is another condition that must be met when filing a case. Only the existence of criminal facts that need to be investigated for criminal responsibility according to law has the value of filing a case. Only when a criminal fact occurs and the perpetrator needs to be investigated for criminal responsibility according to law, it is necessary and a case should be filed.
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 for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation 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.
2. What is the criminal responsibility for reselling expired liquefied gas tanks?
This kind of thing has great security risks, even if the victim is not specific, the damage result is not specific (it may cause explosion or leakage), which may cause property damage or personal injury to unspecified people or units. However, the criminal object violated by this kind of behavior may involve the violation of public safety. Generally speaking, the starting point of the crime of endangering public security is higher, second only to the object of violating national security. Because what you said is very brief, it is impossible to refine the possible charges.