What is the standard for filing the crime of illegal business operation?
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 business or profit-making activities involving telecommunications business in Hong Kong, Macao and Taiwan without authorization by renting international special lines, privately setting up exchange equipment or other methods shall be prosecuted if he is suspected of any of the following circumstances:
1, and 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 6.5438+0 million yuan;
3, although not up to the above standard, but because of illegal operation of international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan, he has received more than 2 administrative penalties and has illegal business activities.
(two) illegal foreign exchange business, 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 US$ 200,000 or an illegal income of more than RMB 50,000;
2. Companies, enterprises or other units, in violation of the relevant provisions of foreign trade agency business, fraudulently purchase foreign exchange from designated foreign exchange banks for others by illegal means, or knowingly forge or alter vouchers 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 an intermediary is more than US$ 6,543.8+0,000 or the amount of illegal income is more than RMB 6,543.8+0,000.
(three) in violation of state regulations, publishing, printing, copying and distributing illegal publications, suspected of one of the following circumstances, shall be prosecuted:
1, the amount of illegal business operation by individuals is more than 50,000 yuan, and the amount of illegal business operation by units is more than 6,543.8+0.5 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; Individuals illegally run 5,000 newspapers, 5,000 periodicals, 2,000 books or more than 500 audio-visual products and electronic publications,
3. The unit illegally operates newspapers 15000 or periodicals 15000 or books 5000 or audio-visual products and 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.
Legal basis:
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products Article 1: Whoever produces or sells fake and inferior cigarettes, cigars and other tobacco monopoly products with a sales amount of more than 50,000 yuan shall be convicted and punished for the crime of producing and selling fake and inferior products in accordance with the provisions of Article 140 of the Criminal Law.
Article 3 Whoever illegally deals in tobacco monopoly commodities under any of the following circumstances shall be deemed as "serious" as stipulated in Article 225 of the Criminal Law:
(a) the amount of illegal business is more than fifty thousand yuan, or the amount of illegal income is more than twenty thousand yuan;
(2) Illegally handling more than 200,000 cigarettes;
(three) more than two times in three years due to illegal tobacco monopoly products by administrative punishment, illegal tobacco monopoly products in the amount of more than 30 thousand yuan.
Whoever knowingly sells cigarettes, cigars and other tobacco monopoly commodities with counterfeit registered trademarks of others, and the sales amount is relatively large, shall be convicted and punished for the crime of selling commodities with counterfeit registered trademarks in accordance with the provisions of Article 214 of the Criminal Law.