Can an accessory to illegal business be released on bail pending trial after being arrested?
Can an accessory to illegal business be released on bail pending trial after being arrested? Whether an accessory to the crime of illegal business operation can be released on bail pending trial should be judged according to the seriousness of the crime and the social danger. If the circumstances of the crime are minor or there is no social danger, both the principal and the accessory can be released on bail pending trial according to law. The subject of this crime is the general subject, that is, the natural person with criminal responsibility. A legally established and responsible unit can also be the subject of this crime. The object of the crime of illegal business operation should be market order. In order to ensure that the market for buying and selling goods and import and export goods is restricted, the state implements a business license system for the above-mentioned goods. Therefore, the import and export certificate of origin and import and export license must be true and valid, and forgery and alteration are not allowed. At the same time, import and export certificates of origin and import and export licenses are used for specific import and export trade of specific importers and exporters, and transactions are not allowed. Buying and selling import and export certificates of origin and import and export licenses disturbs the country's foreign trade order and must be punished. Objectively speaking, it is characterized by operating franchise, monopoly goods or other restricted goods 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. There are mainly the following kinds of behaviors: 1, franchising without permission, monopolizing commodities or other commodities whose trading is restricted by laws and administrative regulations. In order to ensure the normal order of the market, China restricts some materials related to the national economy and people's livelihood, people's life, health and safety and public interests. After approval and obtaining a business license, they can engage in business activities such as acquisition, storage, transportation, processing, wholesale and sales. It is illegal to operate without approval. The so-called restricted articles refer to articles that are not allowed to be bought and sold freely in the market according to regulations, such as important means of production and consumer goods that are not allowed to be bought and sold freely according to state regulations, as well as articles handled by specialized units designated by the state, such as tobacco monopoly products (cigarettes, cigars, cut tobacco, redried cigarette paper, filter rods, cigarette tow, special machinery for tobacco), foreign exchange, gold and silver and its products, gold and silver handicrafts, jewelry and precious medicinal materials. Which commodities are restricted from buying and selling shall be stipulated by national laws and administrative regulations. 2. Buying and selling import and export licenses, import and export certificates of origin and business licenses or approval certificates stipulated by other laws and regulations. The business license or relevant approval documents are valid certificates for the holder to carry out economic activities. Nothing is illegal business. Some lawless elements are not qualified to deal in commodities restricted by the state and cannot obtain relevant business licenses or approval documents, so they buy or even forge business licenses or approval documents from others in an attempt to evade inspection and sanctions. As a result, the illegal behavior of buying and selling business licenses and approval documents also came into being. This kind of behavior directly urges countries with serious illegal business circumstances to limit the proliferation of buying and selling goods, which is quite harmful. So we should also replace punishment with punishment. The import and export license issued by the administrative department of foreign economic relations and trade of the State Council and its authorized institutions is not only a legal certificate for foreign trade operators to conduct foreign trade activities legally, but also an important certificate for the state to manage import and export goods and technologies. For example, the customs must take this as the basis when inspecting and releasing import and export goods and technologies. Import and export certificate of origin refers to a valid certificate used to prove that the origin of import and export goods and technologies belongs to a certain country or region. It is a proof that importing countries and regions levy different tariffs according to different origins and implement other import differential treatment. The so-called business license or approval documents stipulated by other laws and administrative regulations generally refer to the business license or approval documents for restricted commodities. 3. Other illegal business activities that seriously disrupt the market order, illegal securities, futures or insurance business, and illegal fund payment and settlement business. "Illegal fund payment and settlement business" refers to the business activities that underground banks can only complete the settlement of creditor's rights and debts or fund transfer between customers by illegally engaging in commercial banks, accepting customers' entrustment to collect and pay on their behalf, and withdrawing money from the payer's deposit account and transferring it to the payee's deposit account. 4. Other illegal business practices that seriously disrupt the order of the market economy. (1) illegally buying and selling foreign exchange. (2) illegally operating publications. (3) illegally operating telecommunications services. ④ Adding clenbuterol hydrochloride and other items that are forbidden to be used in feed and animal drinking water into the feed produced and sold. (five) unauthorized establishment of Internet service business premises (that is, Internet cafes) or engaging in Internet service business activities. ⑥ Illegal lottery operation. At present, the basis for judging whether an accessory to the crime of illegal business operation can be released on bail after being arrested in China is the severity of the crime. If the circumstances are minor, even the principal can apply for bail pending trial, but whoever breaks the law will be punished accordingly. For criminals who can't serve their sentences due to physical illness and other reasons, our laws allow bail pending trial.