Illegal business and foreign exchange speculation and sentencing
"Criminal Law":
Article 225
[Illegal business crime] Violating state regulations, committing one of the following illegal business behaviors, disrupting market order, and the circumstances are serious , 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; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than five years and concurrently to a fine not less than one time but not more than five times the illegal income, or confiscation. Property:
(1) Operating franchises, monopoly items or other items restricted from sale and purchase as 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) Other illegal business activities that seriously disrupt market order.
Notice of the Supreme People's Procuratorate and the Ministry of Public Security on the issuance of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)":
Article 79
[Penalty standards for illegal business cases]
Anyone who violates national regulations, conducts illegal business activities, disrupts market order, and is suspected of any of the following circumstances shall be prosecuted:(4) Illegal foreign exchange operations and any of the following circumstances:
1. Buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its branches , the amount is more than 200,000 U.S. dollars, or the amount of illegal incomeMore than 50,000 yuan;
3. The amount of foreign exchange fraudulently purchased through intermediaries is more than 1 million US dollars or the amount of illegal gains is more than 100,000 yuan.
(8) Engaging in other illegal business activities under any of the following circumstances:
1. The illegal business amount of an individual is more than 50,000 yuan, or the amount of illegal income is more than 10,000 yuan;
2. The illegal business amount of an unit is more than 500,000 yuan, Or the amount of illegal income is more than 100,000 yuan;
3. Although it does not reach the above amount standard, it has been subject to two or more administrative penalties for the same illegal business behavior within two years. Penalty, and the same type of illegal business behavior;
"Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Fraudulent Purchase of Foreign Exchange and Illegal Purchase and Sale of Foreign Exchange"
In order to punish the criminal acts of fraudulent purchase of foreign exchange and illegal purchase and sale of foreign exchange in accordance with the law, in accordance with the relevant provisions of the Criminal Law, the specific application of the law is now to the trial of cases of fraudulent purchase of foreign exchange and illegal purchase and sale of foreign exchange. Several issues are explained as follows:
Article 1: For the purpose of carrying out smuggling, foreign exchange evasion, money laundering, tax fraud and other criminal activities, the use of false and invalid vouchers, commercial Anyone who fraudulently purchases foreign exchange from a designated foreign exchange bank by issuing documents or using other means shall comply with the provisions of Chapter 3, Section 2, Articles 190, 191, and 204 of the Criminal Law respectively. Conviction and punishment.
If a non-state-owned company, enterprise or other unit colludes with a state-owned company, enterprise or other state-owned unit to evade foreign exchange, it shall be punished as an accomplice in the crime of foreign exchange evasion.
Article 2: Forge, alter, buy or sell customs declaration forms, import certificates, approval documents from foreign exchange administration agencies and other documents issued by the customs or purchase forged or altered documents as mentioned above If evidence is provided, he shall be convicted and punished in accordance with the provisions of paragraph 1 of Article 280 of the Criminal Law.
Article 3. Anyone who buys or sells foreign exchange outside designated foreign exchange banks and the China Foreign Exchange Trading Center and its sub-centers, disrupts the order of the financial market, and falls under any of the following circumstances shall be punished in accordance with the Criminal Law The penalties for conviction under Article 225 (3) are as follows:
(1) Illegal purchase and sale of foreign exchange exceeding US$200,000;
(2) Illegal gains exceeding RMB 50,000.
Article 4 Companies, enterprises or other units that violate relevant foreign trade agency business According to the provisions of the Criminal Law of the People's Republic of China, whoever uses illegal means or knowingly forges or alters vouchers or commercial documents to fraudulently purchase foreign exchange from a designated foreign exchange bank for others, and the amount exceeds 5 million U.S. dollars or the illegal income exceeds 500,000 yuan, shall be punished in accordance with the Criminal Law. Convicted and punished in accordance with Article 225 (3).
Introducing an intermediary to fraudulently purchase foreign exchange of more than one million U.S. dollars or illegally obtain RMB 100,000. Those who are above shall be convicted and punished in accordance with the provisions of Article 225 (3) of the Criminal Law.
Article 5 Customs, bank, and foreign exchange management agency staff Those who conspire with perpetrators of fraudulent purchases of foreign exchange and provide them with relevant vouchers for the purchase of foreign exchange, or sell foreign exchange knowing that they are forged or altered vouchers and commercial documents, constitute a crime and shall be severely punished in accordance with the relevant provisions of the criminal law.
Article 6 Whoever commits the acts stipulated in this Interpretation and commits two or more crimes at the same time shall be severely punished.
Article 7 According to Article 64 of the Criminal Law, those who fraudulently purchase foreign exchange or illegally trade foreign exchange will have their illegal gains recovered, and the funds used to fraudulently purchase foreign exchange or illegally trade foreign exchange will be confiscated and turned over to the state treasury.
Article 8 Whoever fraudulently purchases or illegally buys or sells foreign exchange of different currencies shall be punished in accordance with this interpretation after converting it into a unified conversion rate established by the state foreign exchange administration authority at the time of the incident.
What is the maximum sentence for the crime of illegal business?
The crime of illegal business refers to operating a franchise without permission, Monopoly items or other restricted items, 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, as well as engaging in other illegal business activities, disturbing market order, and serious acts .
1. A natural person who commits this crime 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; Those who commit serious acts of discrimination 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 the illegal income, or their property shall be confiscated.
2. If a unit commits this crime , the unit is sentenced to a fine, and the person in charge and other directly responsible personnel who are directly responsible for it shall be punished in accordance with this articleProvides for criminal liability.
If one of the following circumstances occurs, it is an illegal business operation with "serious circumstances":
(1 ) The amount of operating outgoing calls is more than one million yuan;
(2) The amount of telecommunications tariff losses caused by operating incoming calls is more than one million yuan.
If one of the following circumstances occurs, it is illegal business behavior with "particularly serious circumstances":
( 1) The amount of operating outgoing calls is more than 5 million yuan;
(2) The amount of telecommunications tariff losses caused by operating incoming calls is more than 5 million yuan .
From the above introduction to you by the editor of Legal Savior Network about the sentencing of illegal business operations and speculation in foreign exchange, I believe everyone has a certain understanding. Illegal business operations are a form of crime that can disrupt market order. Our country also has clear regulations on this. Therefore, if you see some illegally operating companies every day, you must report them accordingly. For more related legal issues, you can consult the Legal Savior Network. professional lawyer.
No comments yet. Say something...