Current location - Trademark Inquiry Complete Network - Futures platform - Is it serious that employees who operate illegally in the unit are detained for allegedly operating illegally?
Is it serious that employees who operate illegally in the unit are detained for allegedly operating illegally?
First, whether employees are detained seriously depends on the role of employees in * * * crimes and the types, amount and quantity of illegal business units;

Second, the legal basis:

1) Article 225 of the Criminal Law (revised by 1997) The crime of illegal business operation violates state regulations and commits one of the following illegal business operations, disrupting market order. 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 solely 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;

(3) Other illegal business operations that seriously disrupt the market order.

2) Article 79 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs [Illegal Business Cases (Article 225 of the Criminal Law)] Anyone who engages in illegal business activities and disrupts the market order in violation of state regulations shall file a case for prosecution under any of the following circumstances:

(1) Illegal production, storage, transportation and sale of salt in violation of state regulations on salt management, disrupting market order, under any of the following circumstances:

1. The amount of salt illegally handled is more than 20 tons;

2. Being subject to administrative punishment for illegally operating salt for more than two times, and the amount of illegally operating salt is more than ten tons.

(2) Violating the laws and regulations of the State on tobacco monopoly administration, illegally dealing in tobacco monopoly products without the permission of the department of tobacco monopoly administration, tobacco monopoly production enterprises, tobacco monopoly wholesale enterprises, tobacco monopoly enterprises and tobacco monopoly retail licenses, under any of the following circumstances:

1. The amount of illegal business operation is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;

2. Illegally handling more than 200,000 cigarettes;

3. Having been punished twice or more for illegally operating tobacco monopoly products within three years, and the amount of illegally operating tobacco monopoly products is more than 30,000 yuan.

(3) illegally engaging in securities, futures and insurance business, or illegally engaging in fund payment and settlement business without the approval of the relevant competent department of the state, under any of the following circumstances:

1. illegally engaging in securities, futures and insurance business, with the amount of more than 300,000 yuan;

2. Illegally engaging in fund payment and settlement business, with an amount of more than 2 million yuan;

3. In violation of state regulations, using point-of-sale terminal equipment (POS machines) and other means to directly pay cash to credit card holders by fictitious transactions, false prices, cash return and other means. The amount is more than 1 million yuan, or the funds of financial institutions are overdue by more than 200,000 yuan, or the economic losses of financial institutions are more than 100,000 yuan;

4. The amount of illegal income is more than 50,000 yuan.

(four) in any of the following circumstances, it is illegal to operate foreign exchange:

1. buying and selling foreign exchange outside designated foreign exchange banks and China foreign exchange trading center and its sub-centers, with an amount of more than US$ 200,000 or an illegal income of more than RMB 50,000;

2. Companies, enterprises or other units, in violation of the provisions on foreign trade agency business, fraudulently purchase foreign exchange from designated foreign exchange banks for others by illegal means, or knowingly forge or alter vouchers or commercial documents, the amount of which is more than 5 million US dollars or the illegal income is more than 500,000 yuan;

3. Buying foreign exchange by fraud through an intermediary, the amount is more than100000 USD or the illegal income is more than100000 RMB.

(five) publishing, printing, copying and distributing illegal publications that seriously endanger social order and disrupt market order, in any of the following circumstances:

1. The amount of illegal business operation by individuals is more than 50,000 yuan, and the amount of illegal business operation by units is more than150,000 yuan;

2. The amount of illegal income of individuals is more than 20,000 yuan, and the amount of illegal income of units is more than 50,000 yuan;

3. Individuals illegally operate 5000 newspapers or 5000 periodicals or 2000 books or 500 kinds of audio-visual products and electronic publications, and units illegally operate 15000 newspapers or periodicals 15000 books or audio-visual products or electronic publications 1500 kinds;

4. Although it does not meet the above-mentioned amount standard, it has one of the following circumstances:

(1) publishing, printing, copying and distributing illegal publications twice or more within two years, publishing, printing, copying and distributing illegal publications;

(two) publishing, printing, copying and distributing illegal publications, which has caused adverse social impact or other serious consequences.

(6) Illegally engaging in publication, printing, reproduction and distribution, which seriously disrupts the market order, under any of the following circumstances:

1. The amount of illegal business operation by individuals is more than 150,000 yuan, and the amount of illegal business operation by units is more than 500,000 yuan;

2. The amount of illegal income of individuals is more than 50,000 yuan, and the amount of illegal income of units is more than 150,000 yuan;

3. Individuals illegally operate newspapers, periodicals 15000 or books, 5000 or audio-visual products and electronic publications 1500, and units illegally operate newspapers, periodicals, 50000 or books 15000 or audio-visual products and electronic publications;

4. Although it does not meet the above-mentioned amount standard, it has been subject to administrative punishment more than twice for illegally engaging in publishing, printing, reproduction and distribution within two years.

(7) Under any of the following circumstances, engage in international telecommunications business or profit-making activities involving telecommunications business in Hong Kong, Macao and Taiwan without authorization by renting international private lines, privately setting up exchange equipment or other means, thus disrupting the management order of the telecommunications market:

1. The amount of outbound business is more than one million yuan;

2. Operating inbound business causes telecom tariff loss of more than one million yuan;

3. Although it does not meet the above amount standard, it has one of the following circumstances:

(1) Being subject to administrative punishment more than twice in two years for illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan;

(two) illegal operation of international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan, causing other serious consequences.

(eight) engaged in other illegal business activities, with one of the following circumstances:

1. The amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 1 10,000 yuan;

2. The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than100,000 yuan;

3. Although it has not reached the above-mentioned amount standard, it has been subject to administrative punishment twice or more for the same illegal business operation within two years, and the same illegal business operation has been implemented;

4. Other serious circumstances.