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Is selling gutter oil detention or criminal detention?
Selling illegal oil is criminal detention.

The penalties for selling illegal fuel are as follows:

1. Whoever buys or sells dangerous goods in violation of state regulations shall be detained for more than 10 days and less than 15 days; If the circumstances are minor, they shall be detained for more than five days and less than ten days;

2. Selling gutter oil without permission is a franchise or monopoly commodity stipulated by laws and administrative regulations. If the illegal amount exceeds 50,000, it shall be punished as the crime of illegal business operation. Generally, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than one time but not more than five times the illegal income shall be imposed. 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.

Elements of the crime of illegal business operation:

1, object elements, the object of this crime is the national market management system that restricts the sale of goods and business licenses;

2. objective factors. This crime is objectively manifested as engaging in franchise, monopoly of commodities or other commodities with restricted operation without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, and engaging in other illegal business activities that disrupt market order and have serious circumstances;

3, the main elements, the subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have criminal responsibility ability;

4. Subjective elements. Subjectively, this crime is intentionally constituted and has the purpose of seeking illegal interests.

To sum up, selling illicit oil is a criminal detention. The maximum penalty for illegally selling 1000 liter gasoline is fixed-term imprisonment of not more than one year, criminal detention or public surveillance. The state implements a licensing system for refined oil business, and the specific punishment for selling private oil depends on what kind of oil is sold and how much it is sold or whether it is illegally profitable. Such as gasoline, kerosene, diesel and other alternative fuels that meet the national product quality standards and have the same use, such as ethanol gasoline and biodiesel, if the circumstances are serious, it will constitute the crime of illegal business operation.

Legal basis:

Article 225 of the Criminal Code of People's Republic of China (PRC).

The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it 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.