In order to protect the health of citizens and maintain the order of the socialist market economy, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in handling criminal cases of illegal salt business are explained as follows:
first
Whoever, in violation of state regulations on salt management, illegally produces, stores, transports and sells salt and disrupts market order, if the circumstances are serious, shall be investigated for criminal responsibility for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law.
second
Illegal operation of salt, one of the following circumstances, shall be investigated for criminal responsibility according to law:
1, the amount of salt illegally handled is more than 20 tons;
2. Having been punished twice or more for illegally operating salt, and the amount is more than ten tons.
essay
Illegal operation of salt without treatment, the cumulative number of illegal operations; Whether the actor's illegal operation is profitable or not does not affect the constitution of the crime.
Article 4
Anyone who uses non-iodized salt as iodized salt or non-edible salt such as industrial salt as salt for illegal business operation, and at the same time constitutes the crime of illegal business operation, the crime of producing and selling fake and inferior products, the crime of producing and selling food that does not meet hygiene standards, the crime of producing and selling toxic food, harmful food and other crimes, shall be investigated for criminal responsibility in accordance with the provisions of heavier punishment.
Article 5
Anyone who obstructs administrative law enforcement personnel from exercising their duties of salt administration according to law by violence or threat shall be investigated for criminal responsibility for the crime of obstructing official duties in accordance with the provisions of Article 277 of the Criminal Law; If its illegal business operation has constituted a crime, it shall be investigated for criminal responsibility in accordance with the provisions of combined punishment for several crimes.
Extended data:
Sentencing standard for illegal operation of salt
Sentencing standard of the crime of illegal operation of salt The crime of illegal operation of salt refers to the act of dealing in franchise, monopoly goods or other commodities with restricted operation without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, engaging in other illegal business activities, disrupting market order and having serious circumstances.
1, fixed-term imprisonment of not more than five years, criminal detention, and also or only a fine. The reference point of the statutory benchmark punishment is criminal detention or a fine for illegally dealing in more than 20 tons of salt but less than 30 tons. Anyone who illegally deals in 30 tons of salt shall be sentenced to 1 year imprisonment, and the term of imprisonment shall be increased by 1 year for every additional 6 tons. Those who have been subjected to administrative punishment for illegally dealing in salt and illegally dealing in salt 10 tons for more than two times shall be sentenced to fixed-term imprisonment of not more than six months, and the term of imprisonment shall be increased by six months for each additional two tons.
2. Whoever illegally manages 50 tons of salt at the legal reference point of fixed-term imprisonment for more than five years shall be sentenced to five years' imprisonment, and the term of imprisonment shall be increased by one year for each additional 65,438 +00 tons. People who have been punished twice or more for illegally dealing in salt and illegally dealing in 25 tons of salt are sentenced to five years' imprisonment, and the imprisonment period will be increased by one year for every additional 65,438+00 tons.
3. A recidivist with special provisions on upgraded sentencing who illegally deals in salt as a client shall be fined according to the above-mentioned legal benchmark punishment reference point and upgraded to criminal detention; Those who intend to be sentenced to criminal detention will be upgraded to fixed-term imprisonment; Those who intend to be sentenced to fixed-term imprisonment will be punished by 10%.
Baidu Encyclopedia-the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Illegal Salt Business