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If it is not the principal offender, how to judge the crime of illegal business operation?
Legal subjectivity:

How to sentence the crime of illegal business operation? Whoever commits the crime of illegal business operation shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than/kloc-0 but not more than 5 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/kloc-0 but not more than 5 times the illegal income, or his property shall be confiscated. 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. As for how to determine that the circumstances are particularly serious, we should refer to the relevant regulations of Sichuan Province. According to Article 3 1 of Opinions of Sichuan Higher People's Court on Standards for Implementing Certain Provisions of the Criminal Law and Criteria for Determining Circumstances, the crime of illegal business operation: unless otherwise stipulated by judicial interpretation, if the amount of illegal business operation by individuals is more than 654.38 million yuan or the amount of illegal income is more than 30,000 yuan, if the amount of illegal business operation by units is more than 500,000 yuan or the amount of illegal income is more than 654.38 million yuan, it can be recognized as 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. (1) Illegal foreign exchange operation is "serious" under any of the following circumstances: 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 US$ 200,000, or with an illegal income of more than RMB 50,000; 2. Violating the regulations on foreign trade agency business, fraudulently buying foreign exchange for others from designated foreign exchange banks by illegal means or knowing forged or altered documents or commercial documents, with an amount of more than 5 million US dollars or an illegal income of more than 500,000 yuan; 3. Fraudulent purchase of foreign exchange through intermediaries, with the amount exceeding 1 10,000 USD or the illegal income exceeding 1 10,000 RMB. Under any of the following circumstances, it belongs to "especially serious circumstances": (1) buying and selling foreign exchange outside the designated foreign exchange banks and China Foreign Exchange Trading Center and its sub-centers, with an amount of more than US$ 6,543,800+or an illegal income of more than RMB 200,000; (2) The unit, in violation of the provisions on foreign trade agency business, fraudulently buys foreign exchange from designated foreign exchange banks for others by illegal means, or knowingly forges or alters vouchers or commercial documents, the amount of which is more than US$ 25 million, or the illegal income is more than RMB 2.5 million; (3) fraudulently purchasing foreign exchange through intermediaries, with an amount of more than US$ 5 million or an illegal income of more than RMB 500,000. (2) Publishing, printing, copying or distributing an illegally published version in violation of state regulations, in any of the following circumstances, is "serious": 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 1.5 million yuan; 2, the amount of illegal income of individuals is more than 20 thousand yuan, and the amount of illegal income of units is more than 50 thousand yuan; 3. Individuals illegally operate 5000 newspapers or 5000 periodicals or 2000 books or more than 500 audio-visual products and electronic publications, and units illegally operate 15000 newspapers or periodicals 15000 books or more than 5000 audio-visual products and electronic publications. (3) Publishing, printing, copying and distributing illegal publications in violation of state regulations, which is "especially serious" under any of the following circumstances: 1, the illegal business amount of individuals is more than 200,000 yuan, and the illegal business amount of units is more than 600,000 yuan; 2, the amount of illegal income of individuals is more than 654.38 million yuan, and the amount of illegal income of units is more than 250,000 yuan; 3. Individuals illegally operate 20,000 newspapers or periodicals or books 1 10,000 or more than 2,000 kinds of audio-visual products and electronic publications, and units illegally operate 60,000 newspapers or periodicals or 20,000 books or more than 60,000 kinds of audio-visual products and electronic publications. Without the approval of the relevant competent departments of the state, illegally operating securities, futures or insurance business, the amount of illegal business is more than 300 thousand yuan, or the amount of illegal income is more than 50 thousand yuan, which is "serious"; If the amount of illegal business is more than 6.5438+0.2 million yuan, or the amount of illegal income is more than 200,000 yuan, it belongs to "the circumstances are particularly serious". The above is the relevant knowledge compiled by Bian Xiao for everyone. If your situation is complicated, the website also provides online consultation service for lawyers. Welcome to have legal advice.

Legal objectivity:

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 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.