1. What is the sentencing standard for the crime of illegal business operation?
1. Whoever commits the crime of illegal business operations 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.
2. If the crime of illegal business operation is particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than 1 times but not more than 5 times the illegal income, or his property shall be confiscated.
3. If a unit commits the crime of illegal business operation, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions.
Two, the standard of filing the crime of illegal business.
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. Whoever, in violation of state regulations, engages in international telecommunications services without authorization or engages in profit-making activities involving telecommunications services in Hong Kong, Macao and Taiwan by renting international private lines, privately setting up exchange equipment or other means shall be investigated for any of the following circumstances:
(1) The amount of outbound business is greater than 1 ten thousand 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, illegal operation of foreign exchange, suspected of one of the following circumstances, should be prosecuted:
(1) buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its sub-centers, with an amount of more than USD 200,000, or with an illegal income of more than RMB 50,000;
(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, in violation of state regulations, publishing, printing, copying and distributing illegal publications, suspected of one of the following circumstances, should be prosecuted:
(1) The amount of illegal business by individuals is more than 50,000 yuan, and the amount of illegal business by units is more than 6,543,800 yuan+0.5 million 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, suspected of one of the following circumstances, should be prosecuted:
(1) The amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 6,543,800 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.
In judicial practice, not only the natural person can constitute the crime of illegal business operation, but also the unit can become the subject of this crime. Of course, different criminal subjects have different sentencing and punishment. The specific sentencing standard of the crime of illegal business operation depends on what the actual illegal goods are and what the circumstances are. In more serious cases, the starting point is five years in prison.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: According to Article 225 of the Criminal Law of People's Republic of China (PRC), Hu violates state regulations and commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, 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 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 confiscation of property: 1. Operating franchise or monopoly commodities or other commodities with restricted trading 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。 Illegal operation of securities, futures and insurance business, or illegal operation of fund payment and settlement business without the approval of the relevant competent departments of the state; 4。 Other illegal business operations that seriously disrupt the market order.