If you engage in franchise, monopoly or other restricted commodities without permission, buy and sell import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, and engage in other illegal business activities, disrupting market order, if the circumstances are serious, it constitutes the crime of illegal business operation. What's it like to be released on bail for illegal business operation? 1. How to apply for bail pending trial 1. To apply for bail pending trial, the following conditions must be met. Article 65 of the Criminal Procedure Law clearly stipulates that the people's courts, people's procuratorates and public security organs may obtain bail pending trial for a criminal suspect or defendant under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply additional punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. 2. Applicants need to apply for bail pending trial. The criminal suspect, the defendant himself, his legal representative, close relatives and defenders need to apply to the public security, procuratorate or court for bail pending trial. "Legal representative" refers to a person who engages in certain acts on behalf of the principal according to law. According to the provisions of Article 106 of the Criminal Procedure Law, legal representatives refer to parents, adoptive parents, guardians and representatives of organs and organizations responsible for protection; "Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters and brothers and sisters. 3. Two ways of obtaining bail pending trial. One is to put forward the guarantor guarantee. That is to say, the person who is released on bail pending trial should put forward a qualified person as his guarantor, and this guarantor should bear the obligations stipulated by law to ensure that the guaranteed person can be on call. If the person released on bail violates the regulations and the guarantor fails to report in time, the guarantor shall be fined. If a crime is constituted, criminal responsibility shall be investigated according to law. One is to provide a deposit. If a criminal suspect or defendant is released on bail pending trial, he shall pay a certain amount of cash as a guarantee. In violation of the relevant provisions, the deposit shall be confiscated, and the criminal suspect and defendant shall be ordered to make a statement of repentance, re-pay the deposit, put forward a guarantor or monitor their residence and be arrested according to the circumstances. If the criminal suspect or defendant does not violate the relevant provisions during the period of obtaining a guarantor pending trial, the deposit shall be returned at the end of obtaining a guarantor pending trial. If the same criminal suspect or defendant decides to obtain bail pending trial, the guarantor guarantee and the deposit guarantee cannot be used at the same time. Second, what is the procedure for obtaining bail pending trial? 1. Application for bail pending trial. Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial. If a criminal suspect is arrested, his lawyer may apply for bail pending trial. The application for bail pending trial shall be made in writing. 2. The decision to obtain bail pending trial. The public security organ, the people's procuratorate and the people's court shall, within 7 days after receiving the application for bail pending trial, make a reply on whether or not to agree. If a decision is made to release a criminal suspect or defendant on bail pending trial, it shall be reported to the person in charge of the public security organ at or above the county level, the procurator-general of the procuratorate or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice on Execution of Bail Pending Trial" shall be issued, and the criminal suspect or defendant shall be ordered to put forward a guarantor or pay a deposit. Those who do not meet the statutory conditions for obtaining a guarantor pending trial shall not agree to obtain a guarantor pending trial. If he does not agree to obtain bail pending trial, he shall inform the applicant and explain the reasons for his disagreement. In addition, according to the needs of the case, the judicial organs can decide on their own bail pending trial. 3. Execute bail pending trial. The executing organ of bail pending trial is the public security organ. At the time of execution, the public security organ shall read the "Decision on Bail Pending Trial" to the criminal suspect and defendant, order them to sign or seal it, and inform them of the regulations they should abide by during bail pending trial. If the criminal suspect or defendant did not violate the provisions of Article 56 of the Criminal Procedure Law during the period of obtaining a guarantor pending trial, the public security organ responsible for execution shall return the deposit to the criminal suspect or defendant after the expiration of the period of obtaining a guarantor pending trial, and notify the guarantor to cancel the guarantee. 4. Time limit for obtaining bail pending trial. The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail for more than twelve months. During the second trial of the people's court, if the detention period of the criminal suspect has exceeded the fixed-term imprisonment sentenced by the court of first instance, it is also applicable to bail pending trial. Criminal suspects, their legal representatives and close relatives may also apply for bail pending trial. The above is an introduction to the crime of illegal business operation. Similar to other procedures, the longest period of bail pending trial shall not exceed twelve months.
Legal objectivity:
Article 225 of the Criminal Law: 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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business 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.