Is it fair to be sentenced for illegal operation of real cigarettes with a tobacco license and suspe

An appeal may be lodged against the judgment.

1. The criminal liability for illegal sale of real cigarettes is as follows:

Paragraph 5 of Article 1 of the Supreme People's Court and Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products" stipulates: "Illegal operation of tobacco monopoly products in violation of national laws and regulations on the administration of tobacco monopoly, without the permission of the competent administrative department for tobacco monopoly, without the license of the tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, special tobacco monopoly business enterprise license, tobacco monopoly retail license and other license certificates, where the circumstances are serious, In accordance with the provisions of Criminal Law article 225, it is to be convicted and punished as the crime of illegal business operations. Article 225 of the Criminal Law of the People's Republic of China stipulates:

Crime of illegal business operation] 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 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: (1) Engaging in the operation of monopoly or monopoly goods or other restricted items as provided for by laws or administrative regulations without permission. ”

2. The criminal liability for illegal sale of counterfeit cigarettes is as follows:

Article 1 of the 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 Illegal Production and Sale of Tobacco Monopoly Products stipulates that: "Anyone who produces or sells counterfeit and shoddy cigarettes, cigars and other tobacco monopoly products with a sales amount of more than 50,000 yuan shall be convicted and punished for the crime of producing or selling counterfeit and shoddy products in accordance with the provisions of Article 140 of the Criminal Law. Article 140 of the Criminal Law of the People's Republic of China stipulates:

Crime of producing or selling counterfeit or shoddy products] Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or a substandard product as a qualified product, and the sales amount is between 50,000 and 200,000 RMB, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention and/or a fine of between 50% and 2 times the sales amount; where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is between 500,000 and 2,000,000 RMB, a sentence of 7 or more years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is more than 2,000,000 RMB, the sentence is 15 years imprisonment or life imprisonment, and a concurrent fine of between 50% and 2 times the sales amount or confiscation of property. ”

Sentencing is to be based on the specific circumstances and sales amount in the specific case.

However, three months, according to the license, more than three months must be filed with the issuing authority, during which there is no record of business as unlicensed, more than one year of the need to re-operate the certificate needs to be re-approved do not know where your certificate is.

Legal Analysis]: The crime of illegal business operation refers to the unauthorized operation of franchises, monopoly items or other restricted items, the purchase and sale of import and export licenses, import and export certificates of origin and other laws and administrative regulations of the business license or approval documents of the elderly, as well as engaging in other illegal business activities, disrupting market order, and the circumstances are serious.

Anyone who violates the laws and regulations of the State on the Administration of Tobacco Monopoly, without the permission of the administrative department in charge of tobacco monopoly, and without the license certificate of tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, special tobacco monopoly business enterprise license, tobacco monopoly retail license, etc., shall be prosecuted

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. Those who have received two or more administrative punishments within three years for illegally operating tobacco monopoly products, and have illegally operated tobacco monopoly products with an amount of more than 30,000 yuan.

Legal basis]: "Criminal Law of the People's Republic of China" Article 225 Whoever 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 not less than one time but not more than five times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five years imprisonment is to be given, and a 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. Illegal operation of **, **, insurance business without the approval of the relevant competent state departments, or illegal engagement in fund payment and settlement business;

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

Legal analysis: The value of the offender's illegal business operation has reached 50,000 yuan or more, or the amount of illegal gains is more than 20,000 yuan; illegally dealing in more than 200,000 cigarettes; or when the party has received two or more administrative punishments within three years for illegally dealing in tobacco monopoly products, and illegally operates tobacco monopoly products with an amount of 30,000 yuan or more, the illegal conduct of the offender is directly deemed to constitute a crime. The crime of illegal business operation refers to the unauthorized operation of monopolies, monopoly goods or other restricted goods, 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.

Only after approval, after obtaining a business license, it can be engaged in business activities such as acquisition, storage, transportation, processing, wholesale, sales, etc., and those who operate without approval are illegal and will be punished accordingly.

1. Where a natural person commits a crime, he 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 serious, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property.

2. Where a unit commits a crime, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be investigated for criminal responsibility in accordance with the provisions of this article.

Legal basis: "Tobacco Monopoly Law of the People's Republic of China" Article 32 Anyone who engages in the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the administrative department for industry and commerce to stop the retail business of tobacco products, confiscate the illegal gains, and impose a fine.

Legal analysis: The value of the offender's illegal business operation has reached 50,000 yuan or more, or the amount of illegal gains is more than 20,000 yuan; illegally dealing in more than 200,000 cigarettes; or when the party has received two or more administrative punishments within three years for illegally dealing in tobacco monopoly products, and illegally operates tobacco monopoly products with an amount of 30,000 yuan or more, the illegal conduct of the offender is directly deemed to constitute a crime.

Legal basis: Article 32 of the Tobacco Monopoly Law of the People's Republic of China: If 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.

The penalties for selling tobacco without a license and operating illegally are as follows:

1. Those who do not have a tobacco monopoly retail license shall not engage in tobacco monopoly retail business. For the illegal act of operating without a license, it shall be ordered to stop the retail business of tobacco products, confiscate the illegal income, and impose a fine of not less than 20% but not more than 50% of the total amount of the illegal operation.

2. The statutory base sentence for serious circumstances is one year imprisonment

1) The amount of illegal business operations of individuals reaches 50,000 yuan, or the amount of illegal gains exceeds 10,000 yuan;

2) The amount of illegal business operations of the unit reaches 500,000 yuan, or the amount of illegal income exceeds 100,000 yuan;

3) Those who have received more than two administrative penalties for illegal operation of tobacco products and are not operated by the Forest Shed Law, with an amount of 20,000 yuan.

3. Where the circumstances of illegal trading in tobacco products are particularly serious, the statutory base sentence is five years imprisonment.

Legal basisArticle 32 of the Tobacco Monopoly Law of the People's Republic of China.

Those who do not have a tobacco monopoly retail license to engage in the business of selling tobacco products in the spring and wild shall be ordered by the administrative department for industry and commerce to stop operating the retail business of tobacco products, confiscate the illegal gains, and impose a fine.

Article 33.

Anyone who produces or sells cigarettes, cigars, or packaged tobacco without registered trademarks shall be ordered by the administrative department for industry and commerce to stop the production and sale and shall be fined.

Where tobacco products are produced or sold with counterfeit registered trademarks of others, the administrative department for industry and commerce shall order them to stop the infringing acts, compensate the infringed party for their losses, and may impose a concurrent fine; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Confiscation of cigarettes, fines.

In accordance with Article 61 of the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China.

If the tobacco monopoly retail license is engaged in the retail business of tobacco mold Zen grass products, the administrative department for industry and commerce or the administrative department for industry and commerce shall, in accordance with the opinions of the administrative department for tobacco monopoly, order Hu Yin to stop the retail business of tobacco products, confiscate the illegal income, and impose a fine of not less than 20% but not more than 50% of the total illegal business.

2. Whether it is a crime to transport tobacco monopoly products without a license.

1. If the value of the cigarettes is more than 50,000 yuan or the number of cigarettes transported is more than 200,000, the transportation link shall be regarded as a business act, and the crime of illegal business operation shall be transferred to the public security organ for filing and investigation.

2. If the value of the cigarettes is less than 50,000 yuan, a fine shall be imposed in accordance with the provisions of Article 52, Paragraph 1 of the Regulations for the Implementation of the Tobacco Monopoly Law.

According to the provisions of the judicial interpretation on tobacco-related criminal cases, where the circumstances of illegal operation of tobacco monopoly products are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of not less than one time but not more than five times the amount of unlawful gains; where the circumstances are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property. The details are as follows:

In any of the following circumstances, illegal trade in tobacco monopoly products shall be found to be "serious circumstances" as provided for in article 225 of the Criminal Law:

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

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

3) Having received two or more administrative punishments within three years for illegally dealing in tobacco monopoly products, and illegally dealing in tobacco monopoly products in an amount of 30,000 yuan or more.

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 250,000 yuan or more, or the amount of unlawful gains is 100,000 yuan or more;

2) Illegally dealing in 1 million or more cigarettes.