during the epidemic prevention and control period, if an operator violates the relevant state regulations on market operation and price management, and after deducting the production and operation costs and normal profits, the price of the product is greatly increased for external sales, the court generally considers it as "driving up prices and profiteering". In the judgment of "substantial improvement", the court will make a determination based on the price intervention measures issued by various localities according to law, the price sensitivity of the items involved, the impact on epidemic prevention and control or the basic people's livelihood order, etc., and comprehensively consider common sense. For hoarding, reselling, etc., layers of overweight, driving up the prices of key materials for epidemic prevention and control, profiteering, disrupting market order, the court generally comprehensively determines that "the amount of illegal income is relatively large" and "other serious circumstances" according to the number and times of hoarding and reselling, the proportion of price increase and profit.
Legal basis
Article 225 of the Criminal Law of the People's Republic of China violates state regulations and commits one of the following illegal business operations, disrupting the market order, and 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 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 his illegal income or confiscated of his property:
(1) dealing in exclusive or exclusive goods or other goods whose trading is restricted as stipulated by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and business licenses or approval documents as stipulated by other laws and administrative regulations;
(3) illegally engaging in securities, futures and insurance business without the approval of the relevant competent department of the state, or illegally engaging in fund payment and settlement business;
(4) other illegal business operations that seriously disrupt the market order.