Sentencing standard for the crime of illegal operation of fireworks and firecrackers: those who constitute the crime of illegal operation are generally sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or exclusively fined not less than one time but not more than five times the illegal income. The object of the crime of illegal business operation should be market order. In order to ensure that the sale of goods and the import and export market of goods are restricted, the state implements the system of goods business license.
What's the use of hiring a lawyer for the crime of illegal business operation?
1. Meet the suspect. The suspect was detained in the detention center before being sentenced by the court, and his family members could not meet him. Only lawyers could meet him. Meeting with a lawyer can calm his mood and convey his family's concern and what he confessed;
2, lawyers can communicate with the procuratorial organs of the criminal suspect's charges and sentencing and the corresponding evidence. When the investigation organ hands over the case file to the procuratorial organ, the lawyer can consult, extract and copy the litigation documents and evidence, make use of the lawyer's professional knowledge of laws and regulations and legal reasoning ability, put forward the exclusion of illegal evidence according to the specific case and apply to the procuratorate for taking the relevant materials of the case for handling opinions, which is conducive to the evidence of the criminal suspect and the corresponding legal basis, and submit written legal opinions to the procuratorate, no matter from the point of view of light crime;
3. Appear in court to defend the suspect. At the trial stage, lawyers can present new evidence to the court, participate in court investigations and court debates, and submit written defense opinions. After the verdict is pronounced, listen to the opinions of the criminal suspect on the verdict and give legal help.
1. If the amount of illegal sales of fireworks and firecrackers is more than 50,000 yuan or the illegal income is more than 10,000 yuan, it is suspected of committing a crime, and illegal sales of fireworks and firecrackers are suspected of illegal business operations;
2, the amount of illegal business units in more than five hundred thousand yuan, or the amount of illegal income in more than one hundred thousand yuan should be placed on file;
3. Although it does not meet the above-mentioned amount standard, it shall be put on file if it is subject to administrative punishment for the same illegal business operation for more than two times within two years.
Legal basis:
Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting 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 for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation 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;
(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.