The crime of illegal business operation refers to the act of dealing in franchised goods or other restricted goods 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 serious circumstances.
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;
(3) Other illegal business operations that seriously disrupt the market order.
According to the provisions of judicial interpretation, it is a crime for an individual to illegally operate more than 50,000 yuan, or the illegal income is more than 1 10,000 yuan.
Therefore, according to the situation you described, it is indeed illegal to sell cigarettes, and your relatives also admit that the amount involved130,000 constitutes a crime and requires criminal responsibility.
My supplement: 20 13-06-24 22: 19
2. The procuratorate returned the file to the public security organ due to insufficient evidence. How should this case be finalized?
According to the situation you described, your relatives have been suspected of committing a criminal offence, but because there is no way to verify the whereabouts of cigarettes, the procuratorate cannot examine and prosecute because of insufficient evidence. In this case, returning the file to the public security organ should belong to the supplementary investigation stage or be suspected of committing a crime. If the evidence is still insufficient after supplementary investigation, the case shall be rejected in accordance with the principle of no doubt. If there is sufficient evidence after supplementary investigation, the public security organ will hand it over to the procuratorate for re-examination and prosecution, and pursue the criminal responsibility of your relatives.
In addition, the local public security organ asked him to go home and find money to pay the fine. Does this mean that the case is over?
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Your relatives are currently on bail pending trial, that is, the case has not been revoked and has not been tried by the court, so they are only suspected of criminal offences and are still in the investigation stage.
The public security organ may have evidence clues to let your relatives go home to find money and pay a fine, because the crime of illegal business operation will be fined at the same time regardless of the sentencing, so if they are convicted after trial, they will definitely pay a fine. The public security organ will only let your relatives find money and pay a fine if there are evidence clues, otherwise there will be no fine. 4. Do you still need to submit supplementary materials to the procuratorate and finally go to court to hear the verdict?
Probably, because according to the situation you described, it is suspected of illegal business operations, but it is also common for criminal cases to be returned by the procuratorate for supplementary investigation. You can return the supplementary investigation twice at most, each time for 30 days. So your relative's case should now return to the supplementary investigation stage. After the evidence is sufficient, it will be handed over to the procuratorate and the procuratorate for examination and bring a lawsuit to the court. Then the court will hold a hearing to decide whether your relatives are guilty and how to punish them. 5. How long will the sentence be if sentenced?
For the sentencing of the crime of illegal business operation, the relevant judicial interpretations are as follows:
(The reference point of legal benchmark punishment is sentenced to fixed-term imprisonment of not more than five years and criminal detention)
Without the permission of the department of tobacco monopoly administration, without production license, wholesale license or retail license, under any of the following circumstances, if the circumstances are serious, the statutory benchmark punishment shall be fixed-term imprisonment of not more than one year:
(1) The amount of personal illegal business operation reaches 50,000 yuan, or the amount of illegal income reaches 1 10,000 yuan;
(two) the amount of illegal business units reached 500 thousand yuan, or the amount of illegal income reached 6.5438 million yuan;
(3) Having been subjected to administrative punishment for illegal business in tobacco products for more than two times, and the amount of illegal business has reached 20,000 yuan.
(Reference point of statutory benchmark punishment for fixed-term imprisonment of more than five years)
If the circumstances of illegally dealing in tobacco products are particularly serious, the statutory benchmark punishment shall be fixed-term imprisonment of not more than five years.
According to the situation you described, the amount involved in this case is as high as130,000, which is extremely huge and the circumstances are particularly serious. If your relative finally constitutes a crime after trial, the court will sentence him to more than five years in prison, and at the same time impose a fine of more than one time and less than five times his illegal income or confiscate his property. Whether it constitutes a crime or not, the severity of sentencing depends on the details of the case, the evidence and the judge's judgment. It is recommended to entrust a lawyer to intervene as soon as possible, and it is best to handle it.
Of course, the specific situation and the final handling method need to be determined according to the case and evidence.