The crime of illegal business operation subjectively requires that the actor must be intentional. Those who knowingly engage in illegal business operations are not considered to constitute this crime and can only be given administrative punishment.
According to the above provisions, if the employees of the company can prove that they are ignorant, have not participated in illegal acts, or are unaware that their actions are illegal, they may not bear legal responsibility.
What is the standard for filing the crime of illegal business operation?
Cases of illegal business operations shall be prosecuted under any of the following circumstances:
(1) Whoever, in violation of state regulations, engages in international telecommunications business or profit-making activities involving telecommunications business in Hong Kong, Macao and Taiwan without authorization by renting international special lines, privately setting up exchange equipment or other methods shall be prosecuted if he is suspected of any of the following circumstances:
(1) The amount of outbound business is greater than 1 ten thousand yuan;
(2) The loss of telecom tariff caused by the operation of inbound business is more than 6,543,800 yuan;
(3) Having been subjected to administrative punishment for more than 2 times for illegally operating international telecommunication services or telecommunication services involving Hong Kong, Macao and Taiwan, although the above-mentioned amount standard has not been reached.
(two) illegal foreign exchange business, suspected of one of the following circumstances, should be prosecuted:
(1) buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its sub-centers, with an amount of more than USD 200,000, or with an illegal income of more than RMB 50,000;
(2) A company, enterprise or other unit, in violation of the relevant provisions on foreign trade agency business, fraudulently buys foreign exchange from a designated foreign exchange bank for others by illegal means, or knowingly forges or alters documents or commercial documents, the amount of which is more than 5 million US dollars, or the illegal income is more than 500,000 yuan;
(3) The amount of foreign exchange fraudulently purchased through intermediary is more than USD 6,543.8+0,000, or the illegal income is more than RMB 6,543.8+0,000.
(three) in violation of state regulations, publishing, printing, copying and distributing illegal publications, suspected of one of the following circumstances, shall be prosecuted:
1, the amount of illegal business operation by individuals is more than 50,000 yuan, and the amount of illegal business operation by units is more than 6,543.8+0.5 million yuan;
2, the amount of illegal income of individuals is more than 20 thousand yuan, and the amount of illegal income of units is more than 50 thousand yuan; Individuals illegally run 5,000 newspapers, 5,000 periodicals, 2,000 books or more than 500 audio-visual products and electronic publications,
3. The unit illegally operates newspapers 15000 or periodicals 15000 or books 5000 or audio-visual products and electronic publications 1500.
4. Those who illegally engage in securities, futures and insurance business without the approval of the relevant competent departments of the state shall be prosecuted if the illegal business amount is more than 300,000 yuan, or the illegal income is more than 50,000 yuan.
5, individuals or units engaged in other illegal business activities, suspected of one of the following circumstances, should be prosecuted:
(1) The amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 6,543,800 yuan;
(2) The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than 654.38+10,000 yuan.
Illegal business operation is a crime that seriously violates the social market economic order in China. However, the standard for filing the crime of illegal business operation is very strict. Only when it constitutes a statutory crime and causes serious consequences can it be identified as the crime of illegal business operation. The maximum penalty for the crime of illegal business operation is more than five years' imprisonment, and a fine or confiscation of property.
legal ground
Criminal law of the people's Republic of China
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, 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 for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods 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;
(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.
Article 226 Whoever commits one of the following acts in the crime of forced trading by violence or threat, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) buying or selling goods by force;
(2) Forcing others to provide or accept services;
(three) forcing others to participate in or withdraw from the tender and auction;
(4) Forcing others to transfer or purchase stocks, bonds or other assets of companies or enterprises;
(5) Forcing others to participate in or withdraw from specific business activities.
Article 227 Crime of Forging or Selling Forged Valuable Tickets Whoever forges or sells forged tickets, boat tickets, stamps or other valuable tickets, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance, and shall also be fined not less than one time but not more than five times the face value; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than one time but not more than five times the fare.
Crime of reselling ship tickets and tickets. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined not less than one time but not more than five times the ticket price.
Article 30 Scope of Criminal Responsibility of Units Companies, enterprises, institutions, organs and organizations shall bear criminal responsibility for acts that endanger society and are crimes committed by units according to the law.
Article 31 Principles of Punishment for Crimes Committed by Units Where a unit commits a crime, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished. Where there are other provisions in the specific provisions of this Law and other laws, those provisions shall prevail.