As business in society becomes more and more developed today, everyone is more or less aware of crime. Because the cost of crime is too high, many people have become law-breakers. We are good law-abiding citizens, but there are still some unscrupulous vendors who commit crimes. So, what are the types of crimes in the commercial and trade field? Let’s take a look at them together.
1. Types of crimes in the field of commerce and trade (1) Crimes in the production process of commodities Crimes in the production process of commodities refer to serious cases in which commercial entities violate relevant regulations on commodity production during the production of commodities. Behavior. These behaviors can be further divided into: 1. The crime of producing counterfeit and inferior goods. These crimes refer to the crime of producing and selling counterfeit and inferior commodities in Section 1 of Chapter 3 of the Criminal Law. Specifically, they include: the crime of producing counterfeit and inferior products, the crime of producing counterfeit drugs, the crime of producing substandard drugs, the crime of producing substandard food, the crime of producing toxic and harmful food, the crime of producing substandard medical equipment, the crime of producing products that do not meet safety standards, and the crime of producing counterfeit agricultural materials. Crime, crime of producing substandard cosmetics. 2. Crimes closely related to commodity production activities. Although these crimes themselves are not commodity production crimes, they are closely related to commodity production activities, or they are directly subordinate to commodity production activities. These crimes include: the crime of smuggling general goods and articles, the crime of tax evasion, the crime of evading the recovery of tax arrears, the crime of fraudulently obtaining export tax refunds, the crime of falsely issuing special VAT invoices, the crime of forging special VAT invoices, the crime of forging valuable documents, and the crime of forgery and alteration. Crimes of financial instruments, counterfeiting and altering state securities, counterfeiting and altering stocks and bonds, fraudulent issuance of stocks and bonds, providing false financial reports, obstructing liquidation, counterfeiting registered trademarks, counterfeiting patents, infringement Copyright crimes, infringement of trade secrets, unauthorized import of solid waste, contract fraud, bid collusion, etc. (2) Crimes in the process of commodity circulation and exchange Crimes in the process of commodity circulation and exchange refer to serious behaviors in which commercial entities violate relevant regulations on commodity exchange during the process of commodity exchange. It can be divided into the following three categories: 1. Crimes of selling counterfeit and inferior goods. The crime of selling counterfeit and shoddy goods refers to the criminal act of a commercial entity directly selling counterfeit and shoddy goods during the product sales process, including the crime of selling fake and shoddy goods in Section 1 of Chapter 3 of the Criminal Law and related crimes of selling fake and shoddy goods in other chapters. Specifically include: the crime of selling counterfeit and inferior products, the crime of selling counterfeit drugs, the crime of selling substandard drugs, the crime of selling substandard food, the crime of selling toxic and harmful food, the crime of selling substandard medical equipment, the crime of selling products that do not meet safety standards, and the crime of selling fake and shoddy agricultural materials. , the crime of selling substandard cosmetics, the crime of selling infringing copies, the crime of selling goods with counterfeit registered trademarks, the crime of selling illegally manufactured registered trademark signs, the crime of selling forged special value-added tax invoices, etc. 2. The crime of operating or selling items that are prohibited from operating or selling. The crime of operating and selling prohibited items refers to the criminal act of a commercial entity illegally operating and selling goods that are expressly prohibited or restricted by laws and regulations. Including: the crime of illegal business operations, the crime of illegally selling special VAT invoices, the crime of illegally purchasing special VAT invoices, the crime of reselling train tickets and boat tickets, the crime of illegal transfer and reselling of land use rights, the crime of reselling cultural relics, and the crime of illegally selling precious cultural relics to foreigners. , the crime of illegally selling cultural relics collections, etc. 3. Crimes related to commodity operation and sales. Crimes related to commodity operations and sales refer to criminal acts related to commodity operations and exchanges engaged in by commercial entities. Including: crimes of damaging business reputation and product reputation, crimes of false advertising, crimes of infringement of trade secrets, crimes of illegally operating similar businesses, crimes of illegally seeking commercial interests for relatives and friends, crimes of commercial bribery, crimes of accepting bribes in business, crimes of tax evasion, etc. (3) Crimes in commercial service activities Crimes in commercial service activities refer to serious behaviors in which commercial entities violate relevant service management regulations when engaging in commercial service activities. Including: the crime of forced service (forced transaction), the crime of intentionally providing false intermediary certification documents, the crime of damaging business reputation, the crime of tax evasion, etc. (4) Commercial credit crimes Commercial credit crimes refer to commercial crimes that occur in the deposit and loan activities of commercial banks and other financial institutions and in other financial activities closely related to deposit and loan activities. It can be divided into the following three categories: 1. Illegal loan crimes. Illegal loan crimes refer to illegal deposit and loan crimes that occur in financial activities.
Including: the crime of extorting credit funds from financial institutions and re-lending at high interest rates, the crime of illegally granting loans to related parties, the crime of illegally granting loans to non-related parties, the crime of illegally borrowing and granting loans using off-book customer funds, the crime of loan fraud, the crime of money laundering, and the crime of escaping. Remittance crime, etc. 2. Crimes related to commercial credit. Crimes related to commercial credit refer to crimes that occur in financial activities and are closely related to commercial credit. Including: the crime of establishing a financial institution without authorization, the crime of forging or altering financial instruments, the crime of illegally issuing financial instruments, the crime of acceptance, payment and guarantee of illegal instruments, the crime of illegally absorbing public deposits, the crime of bill fraud, the crime of fund-raising fraud, and the crime of financial certificate fraud. , credit card fraud, letter of credit fraud, insurance fraud, etc. 3. Securities crimes. Securities crime refers to criminal acts that occur in securities trading activities and is a special type of financial crime. Including: crimes of insider trading, leaking inside information, fabricating and disseminating false information about securities transactions, deceiving investors to buy and sell securities, manipulating securities transaction prices, etc.
2. Punishment for Commercial Bribery According to Article 163 of the Criminal Law of the People’s Republic of China, employees of companies and enterprises take advantage of their positions to extort property from others. Or illegally accept property from others to seek benefits for others, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years, and his property may be confiscated.
3. How many years of imprisonment are required for commercial crimes? The criteria for conviction are: if the payer of a commercial crime pays an individual bribe of more than 10,000 yuan, or an entity pays a bribe of more than 200,000 yuan, he shall be prosecuted; If the recipient owns the bribe money received personally and the amount reaches more than 5,000 yuan, he should be prosecuted. The sentencing standard is: if the amount is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined. But the law is not a formula, and specific standards must be comprehensively considered based on the circumstances of the case. The above is a detailed introduction to the relevant content about the types of crimes in the commercial field. To sum up, I would like to remind you that there are also crimes in the circulation and exchange of goods that we are not very familiar with. It refers to the crimes that commercial entities engage in the exchange of goods. Violation of regulations on commodity exchange in the process and serious conduct.