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What is the sentencing standard for the crime of illegally buying and selling foreign exchange?
Legal analysis: the crime of illegally buying and selling foreign exchange will generally be punished as the crime of illegal business operation, and will generally be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than one time but not more than five times the illegal income.

According to the NPC Standing Committee's Decision on Punishing Crimes of Foreign Exchange Fraud, Foreign Exchange Evasion and Illegal Foreign Exchange Trading, 4. Whoever illegally buys or sells foreign exchange outside the trading places stipulated by the state and disrupts the market order, if the circumstances are serious, shall be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law.

According to the second paragraph of Article 225 of the Criminal Law, whoever violates state regulations and disrupts market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention:

(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.

Legal basis: Decision of the NPC Standing Committee on Punishing Crimes of Fraudulent Purchase of Foreign Exchange, Evasion of Foreign Exchange and Illegal Trading of Foreign Exchange.

4. Whoever illegally buys or sells foreign exchange outside the trading places stipulated by the state, thus disrupting the market order, if the circumstances are serious, shall be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law.

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.