1. The determination of the amount of illegal business crimes is based on whether the circumstances are serious. If the circumstances are serious, it constitutes a crime;

2. If the circumstances are not serious, it does not constitute a crime.

The penalty standards for the amount of illegal profits are as follows:

1. If the amount exceeds 50,000, it meets the standard for filing a case, and you may be sentenced to disrupt the market order;

< p>2. 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.

The standards for filing illegal profits include:

1. Anyone who operates franchises, monopoly items or other restricted items stipulated in laws and administrative regulations without permission shall make a profit of 50,000 yuan. Yuan, constitutes the crime of illegal business and should be investigated and prosecuted;

2. The crime of illegal business is operating franchises, monopoly items or other restricted items without permission, buying and selling import and export licenses, import and export origins certificates and other business licenses or approval documents stipulated in laws and administrative regulations, as well as engaging in other illegal business activities, disrupting market order, and committing serious acts.

1. The constituent elements of the crime of illegal profit are as follows:

1. Object elements. What is infringed is the property rights and interests of state-owned companies, enterprises, and institutions. State-owned companies and enterprises aim to obtain the maximum benefit from property, engage in civil activities with the property authorized by the state to operate and manage, and assume the responsibility of maintaining and increasing the value of assets to investors. Although state-owned institutions do not have profit-making as their ultimate purpose, they use the funds allocated by the state as their property basis to engage in civil activities within the scope permitted by national law and bear civil liability;

2. Objective elements. Objectively speaking, it manifests as taking advantage of one's position to carry out business activities for one's relatives and friends, illegally providing conveniences, causing significant damage to national interests;

3. Subject requirements. The subject is a special subject, that is, the staff of state-owned companies, enterprises, and institutions;

4. Subjective elements. Subjectively, it can only be constituted intentionally and has the purpose of illegal profit-making.

2. The penalty standards for the amount of illegal profits are as follows:

1. If the amount exceeds 50,000, it meets the standard for filing a case, and you may be sentenced and disrupt the market order;

2. 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.

To sum up, this is the editor’s answer to how to sentence the crime of illegal profit. I hope it can help you

Legal basis:

"China Article 225 of the People's Republic of China and the Criminal Law of the People's Republic of China

Whoever commits the crime of illegal business operations in violation of state regulations and commits one of the following illegal business activities, disrupts market order, and the circumstances are serious, shall be sentenced to a fixed-term imprisonment of not more than five years Imprisonment or criminal detention, and concurrently or solely a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than five years and concurrently fined not less than one time but not more than five times the illegal income, or property confiscation:

(1) Operating special items, monopoly items or other items restricted from sale and purchase stipulated in 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 in laws and administrative regulations;

(3) Illegal operations of securities, futures, and insurance businesses without approval from relevant national competent authorities, or illegal activities of fund payment and settlement business ;

(4) Other illegal business activities that seriously disrupt market order.