Disrupting 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 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.
According to the second paragraph of Article 25 of the Regulations for the Implementation of People's Republic of China (PRC) Tobacco Monopoly Law, "enterprises or individuals that have obtained tobacco monopoly retail should purchase goods from local tobacco monopoly wholesale enterprises and accept the supervision and management of tobacco monopoly license issuing organs." This means. Except for local tobacco wholesale enterprises, other purchase channels are illegal.
Therefore, it is a crime for a cigarette hotel to recycle cigarettes, with the business amount reaching 50,000 yuan or the illegal income exceeding 654.38+0,000 yuan.
In violation of the state regulations on tobacco monopoly administration, illegally dealing in tobacco monopoly products without the permission of the tobacco monopoly administration department, disrupting the market order, and the circumstances are particularly serious, which has constituted the crime of illegal business operation.
criminal law
Article 225 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 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.
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; Reselling cigarettes and illegally dealing in tobacco monopoly products are criminal cases under one of the following circumstances. Filing a case for prosecution shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law (crime of illegal business operation):
(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.
The crime of illegal business operation is a crime of disrupting market order. Generally speaking, the perpetrator can be sentenced to fixed-term imprisonment of not more than five years. However, if the amount involved is too large or the circumstances of the crime have a serious impact on society, it can constitute a heavier punishment. The perpetrator should be sentenced to more than five years' imprisonment.