criminal law
Article 125 Whoever illegally manufactures, buys, sells, transports, mails or stores guns, ammunition and explosives, or illegally manufactures, buys, sells, transports or stores dangerous goods, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Whoever illegally manufactures, buys, sells, transports or stores toxic, radioactive, infectious disease pathogens and other substances and endangers public safety shall be punished in accordance with the provisions of the preceding paragraph.
If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph. First of all, according to the provisions of Article 225 of the Criminal Law, if the crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, it 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:
(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.
Secondly, how long the parties can be released should be stipulated by the procuratorate according to the nature and circumstances of the case. According to the provisions of Article 172 of the Criminal Procedure Law, if the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, bring a public prosecution to the people's court in accordance with the provisions of judicial jurisdiction, and transfer the case files and evidence to the people's court.
Article 173 stipulates that if a criminal suspect has no criminal facts or has one of the circumstances stipulated in Article 15 of this Law, the people's procuratorate shall make a decision not to prosecute.
If the circumstances of the crime are minor and it is not necessary to sentence or exempt from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.
In cases where the people's procuratorate decides not to prosecute, the property sealed up, detained or frozen during the investigation shall be released at the same time. If the plaintiff who is sorry needs to be given administrative punishment, administrative punishment or confiscation of his illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the results.
Article 174 stipulates that the decision not to prosecute shall be publicly announced, and the decision not to prosecute shall be served on the person who is not prosecuted and the unit to which he belongs. If the accused is in custody, he shall be released immediately.