Not necessarily. Whether it constitutes an illegal business crime depends on the content of the group message. Failure to violate the relevant provisions of Article 225 of the "Criminal Law of the People's Republic of China" does not constitute the crime of illegal business operations.
Article 225 of the "Criminal Law of the People's Republic of China" stipulates that anyone who violates national regulations and commits one of the following illegal business activities, disrupts market order, and the circumstances are serious shall be sentenced to a fixed-term imprisonment of not more than five years Imprisonment or criminal detention, and concurrently or solely a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than five years and concurrently fined not less than one time but not more than five times the illegal income, or property confiscation:
(1) Operating special items, monopoly items or other items restricted from sale and purchase stipulated in 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 in laws and administrative regulations;
(3) Illegal operations of securities, futures, and insurance businesses without approval from relevant national competent authorities, or illegal activities of fund payment and settlement business ;
(4) Other illegal business activities that seriously disrupt market order.
Other illegal business activities that seriously disrupt the market economic order.
1. Illegal trading of foreign exchange.
2. Illegal operation of publications.
3. Illegal operation of telecommunications business.
4. Add clenbuterol hydrochloride and other items prohibited for use in feed and animal drinking water to the feed produced and sold.
5. Establishing Internet access service business premises (i.e. Internet cafes) without authorization or engaging in Internet access service business activities without authorization.
6. Illegal lottery operations.
Extended information:
Illegal business crime filing:
According to the relevant provisions of the Supreme People's Procuratorate and the Ministry of Public Security's "Regulations on the Prosecution Standards for Economic Crime Cases", Illegal business cases that meet any of the following circumstances shall be prosecuted:
1. Violating national regulations by renting international dedicated lines, setting up private transfer equipment or other methods, operating international telecommunications business without authorization or involving Hong Kong and Macao If Taiwan Telecom engages in profit-making activities and is suspected of one of the following circumstances, prosecution shall be pursued:
(1) The amount of outbound call business is more than 1 million yuan;
(2) The amount of loss in telecommunications tariffs caused by operating incoming call services is more than 1 million yuan;
(3) Although the amount does not reach the above-mentioned standard, it has been subject to administrative penalties for illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan. 2 or more times and conduct illegal business activities.
2. Anyone who operates illegal foreign exchange and is suspected of any of the following circumstances shall be prosecuted:
(1) Buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its branches , the amount is more than 200,000 US dollars, or the amount of illegal gains is more than 50,000 yuan;
(2) Companies, enterprises or other units violate relevant foreign trade agency business regulations, use illegal means, or knowingly It is a forged or altered voucher or commercial document, and the amount of foreign exchange purchased from a designated foreign exchange bank for others is more than 5 million US dollars, or the amount of illegal income is more than 500,000 yuan;
(3 ) The amount of fraudulent foreign exchange purchases through intermediaries is more than 1 million U.S. dollars or the amount of illegal gains is more than 100,000 yuan.
3. Anyone who violates national regulations by publishing, printing, copying, or distributing illegal publications and is suspected of any of the following circumstances shall be prosecuted:
1. The amount of personal illegal business is less than 5 If the illegal income of the unit is more than 150,000 yuan, the amount of the illegal business of the unit is more than 150,000 yuan;
2. If the illegal income of the individual is more than 20,000 yuan, the illegal income of the unit is more than 50,000 yuan; if the illegal income of the individual is more than 50,000 yuan; 5,000 newspapers or 5,000 periodicals or 2,000 books or more than 500 audio-visual products or electronic publications (boxes),
3. The unit illegally operates 15,000 newspapers or 15,000 periodicals or 5,000 books or More than 1,500 pieces (boxes) of audio-visual products and electronic publications.
4. Anyone who illegally operates securities, futures or insurance business without the approval of the relevant national competent authorities, and the amount of illegal business is more than 300,000 yuan, or the amount of illegal income is more than 50,000 yuan, shall be prosecuted.
5. Individuals or units engaged in other illegal business activities and suspected of any of the following circumstances shall be prosecuted:
(1) The amount of the individual’s illegal business is more than 50,000 yuan, or The amount of illegal income is more than 10,000 yuan;
(2) The amount of illegal business operations of the unit is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan.
Supreme People's Procuratorate of the People's Republic of China-Criminal Law of the People's Republic of China
Baidu Encyclopedia-Illegal Business Crime