Anyone who illegally sells cigarettes worth more than 250,000 yuan shall be sentenced to fixed-term imprisonment of not less than five years, and shall be fined not less than one time but not more than five times the illegal income, or his property may be confiscated.
According to Article 3 of the "Interpretation on Several Issues Concerning the Specific Application of Laws in the Handling of Criminal Cases concerning the Illegal Production and Sale of Tobacco Monopoly Products", any person who illegally operates tobacco monopoly products and has any of the following circumstances shall be deemed to be under Article 1 of the Criminal Law "Serious circumstances" as stipulated in Article 225:
(1) The amount of illegal business operations is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;
(2) Illegal operation of more than 200,000 cigarettes;
(3) Having received more than two administrative penalties within three years for illegally operating tobacco monopoly products, and illegally operating tobacco monopoly products with an amount exceeding three More than 10,000 yuan.
Anyone who has any of the following circumstances shall be deemed to be a "particularly serious case" as stipulated in Article 225 of the Criminal Law:
(1) The amount of illegal business is less than 25 More than 10,000 yuan, or the amount of illegal income is more than 100,000 yuan;
(2) Illegal operation of more than 1 million cigarettes.
Extended information:
Article 225 of the "Criminal Law of the People's Republic of China" violates national regulations, commits one of the following illegal business activities, and disrupts market order, If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and not less than one time but not more than five times the illegal income. Fines or confiscation of property:
(1) Operating franchises, monopoly items or other restricted items 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 the approval of the relevant national competent authorities , or illegally engage in fund payment and settlement business;
(4) Other illegal business activities that seriously disrupt market order.
Haining City Procuratorate - Specific application of laws in handling criminal cases such as illegal production and sales of tobacco monopoly products