By asking criminal suspects and related personnel and arriving at the scene, illegal business operations can be investigated and collected. The main reason is that illegal business cases involve a wide range of fields, and it is necessary to judge whether the evidence collection procedure is legal when dealing with such cases.

First, how to obtain evidence for illegal business operations?

By asking criminal suspects and related personnel and arriving at the scene, illegal business operations can be investigated and collected. Illegal business cases involve many fields and a wide range. When examining such cases, case handlers should check three types of evidence.

1. Check whether the evidence collection procedure is legal, whether the contents of the certificate are related to the facts of the case, whether the conclusions made by sampling inspection are recorded, whether other factors can be excluded, and whether the appraisal institutions and appraisers have corresponding qualifications.

2. Review whether the appraisal opinions comply with relevant regulations. For example, to identify the "pseudo base station" equipment as illegal business, it is necessary to issue an appraisal opinion from the aspects of whether the items involved have obtained the network access license of telecommunications equipment, whether they belong to radio communication equipment, and whether they have the function of forcibly sending short messages to unspecified users' mobile phones.

3. Review the combination of physical evidence, expert opinions and verbal evidence, such as whether the items involved in the criminal suspect's confession have the same appearance, nature and function as those kept, and whether they are obtained from the same channel.

Second, how to identify the crime of illegal business operation?

1. Criminal violations are consistent with administrative violations, that is, illegal operators must violate relevant industrial and commercial laws and regulations, and there is no criminal violation without administrative violations.

2. Subjectively, the actor must be intentional and take profit as the purpose. Those who engage in illegal business knowing that it is illegal and not for profit are not considered to constitute, and only administrative punishment can be given to the perpetrator.

3. Only if the circumstances of the crime are serious can it constitute a crime, and whether the circumstances are serious should be determined from the amount and income of illegal business operations, whether the actor has carried out illegal business operations, causing great losses to the country or other serious consequences, and whether he still refuses to repent after administrative punishment.

3. What are the objective manifestations of the crime of illegal business operation?

The crime of illegal business operation refers to one of the following illegal business operations in violation of state regulations.

1. Without permission, engaging in franchise or monopoly commodities or other commodities whose operation is restricted by laws and administrative regulations;

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, without the approval of the relevant competent departments of the state, illegally engaged in securities, futures or insurance business, or illegally engaged in fund settlement business;

4, engaged in other illegal business activities, disrupting market order, serious behavior.

At present, in contemporary society, if illegal business operations are involved, it mainly refers to the existence of unauthorized business activities in violation of the provisions of the law. Therefore, if it is necessary to determine whether it belongs to the crime of illegal business operation, it should be investigated by the public security organs and finally convicted and sentenced by the people's court.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 225 of the Criminal Law, in violation of state regulations, commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, 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 his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business 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) illegally engaging in securities, futures or insurance business without the approval of the relevant competent department of the state; (four) other illegal business activities that seriously disrupt the market order.