Current location - Trademark Inquiry Complete Network - Futures platform - My friend was sentenced for futures trading.
My friend was sentenced for futures trading.
Legal analysis: it is not illegal for futures salesmen to sell according to regular futures. If buying and selling futures by illegal means is in line with the crime of illegal business operation, the salesman will generally be convicted and sentenced as an accessory, and the crime is still illegal business operation, but the sentence will be less. Futures is the transaction of standardized forward contracts for buying and selling commodities or financial assets in fixed trading places. According to this forward contract, the counterparty can buy or sell a certain amount of goods or financial assets at a specified price at some time in the future. Including commodity futures and financial futures. The main function is to guard against the risk of price changes. It can also be used for speculation. It is not illegal for futures salesmen to sell according to regular futures. If buying and selling futures by illegal means is in line with the crime of illegal business operation, the salesman will generally be convicted and sentenced as an accessory, and the crime is still illegal business operation, but the sentence will be less.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 225 Crime of illegal business operation

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.