Does illegal speculation in futures violate criminal law?
Futures is a complex financial derivative and one of the main investment targets of investors. To engage in futures business, you need to obtain relevant qualifications. If there is no business qualification, it constitutes the crime of illegal business operation, and criminal responsibility should be investigated.
Article 182 of the Criminal Law One of the following circumstances constitutes the crime of manipulating the securities and futures market. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined:
(1) Individually or in collusion, concentrating capital advantages, holding shares or positions, or using information advantages to jointly or continuously buy and sell, and manipulating the trading price or trading volume of securities and futures;
(2) colluding with others to trade securities and futures with each other at the time, price and manner agreed in advance, which affects the trading price or volume of securities and futures;
(3) Trading securities between accounts under its actual control, or buying and selling futures contracts on its own, which affects the trading price or volume of securities and futures.
(4) manipulating the securities and futures markets by other means.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.