Can 3,500 kilograms of illegal tobacco flue cured tobacco leaves be sentenced?

The one on the 2nd floor is embarrassed to say that you are a tobacco inspector? What is the concept of 3500 kg? How much is it worth? Are you sure you won't be sentenced?

If you are suspected of the crime of illegal business operation, you may be sentenced.

Suspected of illegal business operations.

1) The amount of illegal business operations of individuals is more than 50,000 yuan, or the amount of illegal gains is more than 10,000 yuan;

2) The amount of illegal business operation of the unit is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan;

3) Those who have received more than 2 administrative penalties for illegal trading in tobacco products and have illegally operated tobacco products, the number of illegal operations.

The amount is more than 20,000 yuan.

In 2009, the purchase of medium-grade flue-cured tobacco (X2F grade) was 730 yuan per 50 kg. 3,500 kilograms is worth 51,100 yuan, which has reached the standard. Now it depends on the grade of the tobacco he acquired, if it is low-grade, it is not enough.

Suspected of illegal business operation will be subject to criminal penalties.

Criminal Law (2015) Article 225 [Crime of Illegal Business Operations] Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between one and five times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

1) Engaging in monopoly or monopoly goods or other restricted items as provided for 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 provided for by laws and administrative regulations;

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;

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

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of the Production and Sale of Counterfeit and Shoddy Goods" on Issues Concerning the Application of Law in the Illegal Trading of Tobacco Products

In any of the following circumstances, the production, wholesale, or retail of tobacco products without the permission of the competent administrative department for tobacco monopoly and without a production license, wholesale license, or retail license shall be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law:

1. The amount of illegal business operations of individuals is more than 50,000 yuan, or the amount of illegal gains is more than 10,000 yuan;

2. The amount of illegal business operations of the unit is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan;

3. Those who have received two or more administrative punishments for illegal business in tobacco products and have illegally operated them, and the amount of illegal business is more than 20,000 yuan;

The Tobacco Monopoly Law stipulates that criminal liability shall be pursued if the case value exceeds 50,000 yuan.

Where tobacco is illegally traded, it is suspected of the crime of illegal business operation, and the sentencing standards are: where the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between one and five times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

Legal basis: Article 225 of the Criminal Law of the People's Republic of China violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, shall be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of illegal spring gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

1) Engaging in monopoly or monopoly goods or other restricted items as provided for 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 provided for by laws and administrative regulations;

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;

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

It is not illegal to sell tobacco through normal channels, but if it is illegal, it may constitute the crime of illegal business operation, and a fine or imprisonment may be imposed depending on the severity of the circumstances.

1. In any of the following circumstances, it shall be found to be "serious circumstances" as provided for in Criminal Law article 225:

1. The amount of illegal business operations is more than 50,000 yuan, or the amount of illegal gains is more than 20,000 yuan;

2. Illegally dealing in more than 200,000 cigarettes;

3. He has received two or more administrative punishments for illegally operating tobacco monopoly products within three years, and He Zao has illegally operated tobacco monopoly products with an amount of more than 30,000 yuan.

II. In any of the following circumstances, it shall be found to be "especially serious circumstances" as provided for in Criminal Law article 225:

1. The amount of illegal business operations is more than 250,000 yuan, or the amount of illegal gains is more than 100,000 yuan;

2. Illegally dealing in more than 1 million cigarettes.

3. The crime of illegal business operation.

The crime of illegal business operation refers to the unauthorized operation of monopoly or monopoly goods or other restricted items of filial piety, the purchase and sale of import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations, as well as engaging in other illegal business activities, disrupting market order, and the circumstances are serious.

Legal basis

Criminal Law of the People's Republic of China

Article 225: [Crime of Illegal Business Operations] Whoever violates state regulations by committing any of the following illegal business operations, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

1) Engaging in monopoly or monopoly goods or other restricted items as provided for 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 provided for by laws and administrative regulations;

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;

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

Legal Analysis: Selling tobacco without a license is a serious offense. Whether the amount of business reaches 50,000 yuan or more, or the amount of illegal income is more than 20,000 yuan, or the person who illegally sells cigarettes of 200,000 or more, or has been punished twice within three years, and sells more than 30,000 yuan of tobacco.

Suspected of illegal business operations.

Legal basis: Tobacco Monopoly Law of the People's Republic of China

Article 3 The State shall exercise monopoly management over the production, sale, import and export of tobacco monopoly products in accordance with law, and shall implement a tobacco monopoly licensing system.

Article 16 Enterprises or individuals engaged in the retail business of tobacco products shall be examined and approved by the administrative department for industry and commerce of the people's government at the county level in accordance with the entrustment of the tobacco monopoly administrative department at the next higher level. Where the county-level tobacco monopoly administrative department has been established, the county-level tobacco monopoly administrative department may also review and approve the issuance of a tobacco monopoly retail license.

Article 35 Where a person engages in the retail business of tobacco products without a license for the exclusive excavation, burial and sale of tobacco products, the administrative department for industry and commerce shall order him to stop the retail business of tobacco products, confiscate the illegal gains, and impose a fine.

Lawyer's analysis: Selling tobacco without permission is a serious violation. Whether the amount of business reaches 50,000 yuan or more, or the amount of illegal income is more than 20,000 yuan, or whether the illegal business of cigarettes is more than 200,000 yuan, or whether the amount of tobacco is more than 30,000 yuan after being punished twice within three years.

Suspected of illegal business operations.

Legal basis

Tobacco Monopoly Law of the People's Republic of China

Article 3 The State shall exercise monopoly management over the production, sale, import and export of tobacco monopoly products in accordance with law, and shall implement a tobacco monopoly license system.

Article 16 Enterprises or individuals engaged in the retail business of tobacco products shall be examined and approved by the administrative department for industry and commerce of the People's League at the county level in accordance with the entrustment of the tobacco monopoly administrative department at the next higher level. Where the county-level tobacco monopoly administrative department has been established, the county-level tobacco monopoly administrative department may also examine and approve the issuance of a tobacco monopoly retail license.

Article 35 Where a person engages in the retail business of tobacco products without a tobacco monopoly retail license, the administrative department for industry and commerce shall order him to stop the retail business of tobacco products, confiscate the illegal gains, and impose a fine.

Summary. The minimum sentence is fixed-term imprisonment of not more than five years, and illegal tobacco trading may commit the crime of illegal business operation in the Criminal Law, and if the circumstances are serious, the sentence shall be fixed-term imprisonment of not more than five years or short-term detention, and/or a fine of not less than one time but not more than five times the illegal gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be givenLegal basis

Criminal Law Article 225: Where state provisions are violated by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in the operation of monopoly or monopoly items or other restricted items as provided for by laws or 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 provided for by laws and administrative regulations; 3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business; 4) Other illegal business activities that seriously disrupt market order.

The lightest sentence is to be sentenced to fixed-term imprisonment of not more than five years, and illegal trading of tobacco may violate the crime of illegal business operation in the Criminal Law, and if the circumstances are serious, the sentence shall be fixed-term imprisonment of not more than five years or short-term detention, and/or a fine of not less than one time but not more than five times the amount of illegal gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be givenLegal basis: Article 225 of the Criminal Law: Where state provisions are violated by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

1) Engaging in monopoly or monopoly goods or other restricted items as provided for 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 provided for by laws and administrative regulations; (3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business by those who have bad faith; (4) Other illegal business activities that seriously disrupt market order.

How big is the amount of money involved in the illegal trade in tobacco?

It's not certain that the police car took it away.

I don't know how big it is to say that I have been convicted.

That should still be the reconnaissance stage.

Not outright arrested.

There is an arrest warrant. It is advisable to hire a lawyer as soon as possible to secure your release on bail or probation.

What else can be done?

If the charges are confirmed, it will be difficult to fight.

Now it is time to intervene as soon as possible.

to fight for a plea of innocence or lesser guilt.