700,000 cases involved in the transportation of tobacco without a transport permit

It should be transferred to the police. If it is qualitatively transported without a license, the cigarettes will eventually be confiscated.

According to the Measures for the Administration of Transport Permits for Tobacco Monopoly Products, transportation without a transport permit mainly includes the following three situations: First, the goods do not match the certificates, and the goods exceed or are less than the quantity and variety specified in the transport permit. Second, the transport permit is invalid, including the use of expired, altered, photocopied, forged, altered or reused tobacco monopoly transport permits; Failure to transport to the place of arrival specified in the transport permit for sale; The transfer in and out units and delivery locations approved by the transport permit are inconsistent with the actual situation; Permits issued beyond authority; The transport permit is not accompanied by the goods; Using concealment, deception or other means to obtain a tobacco monopoly transport permit to transport tobacco monopoly products; Those who hold a tobacco monopoly transport permit but actually change the place of arrival, or the original purchase and sale contract (except for the export contract) that has been certified in the process of transporting tobacco leaves, re-cured tobacco leaves, and cigarettes does not accompany the goods.

Third, there is no Hongtong tobacco monopoly to cover and dismantle the transportation permit, and it is impossible to provide a valid certificate for the purchase of tobacco monopoly products in the local area.

Legal basis. Article 25 of the Measures for the Administration of Tobacco Monopoly Transport Permit The following acts belong to the transportation without a tobacco monopoly transport permit as stipulated in Article 31 of the Tobacco Monopoly Law of the People's Republic of China:

1) Transporting tobacco monopoly products without applying for a tobacco monopoly transport permit;

2) The tobacco monopoly transport permit is not accompanied by the goods;

3) Reusing the transport permit for tobacco monopoly products;

4) The part of the goods that do not conform to the certificate, exceeds or is less than the quantity, variety or specification specified in the tobacco monopoly transport permit;

5) Using expired, altered, photocopied, faxed, forged, or altered tobacco monopoly transport permits;

6) Using concealment, deception or other means to obtain a tobacco monopoly transport permit for the transportation of tobacco monopoly products;

7) There is no tobacco monopoly transport permit and it is impossible to provide valid proof of local purchase of tobacco monopoly products;

8) Other acts of transporting tobacco monopoly products without a transportation permit for tobacco monopoly products.

Those who hold a tobacco monopoly transport permit but actually change the place of arrival, or the original purchase and sale contract (except for the export contract) with the seal in the process of transporting tobacco leaves, re-cured tobacco leaves and cigarettes is not accompanied by the goods, it shall be deemed to be transported without a tobacco monopoly transport permit.

The filing standards for unlicensed transportation of cigarettes are: illegal business of more than 50,000 yuan, or illegal income of more than 20,000 yuan; illegally operating more than 200,000 cigarettes; Within three years, he was punished by more than two administrative penalties for illegally operating tobacco monopoly products, and illegally operated tobacco monopoly products of more than 30,000 yuan. Where there are any of the above circumstances, a lawsuit shall be initiated.

Article 79 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II).

Cases of illegal business operations (Article 225 of the Criminal Law)] Anyone who violates state regulations by carrying out illegal business activities and disrupting market order, and is suspected of any of the following circumstances, shall be prosecuted: (2) Violating the national laws and regulations on the management of tobacco monopoly and sales, without the permission of the tobacco monopoly administrative department, without the license of the tobacco monopoly production enterprise license, the tobacco monopoly wholesale enterprise license, the special tobacco monopoly business enterprise license, the tobacco monopoly retail license and other license certificates, illegally operating tobacco monopoly products, In any of the following circumstances:

1. The amount of illegal business operation is more than 50,000 yuan, or the amount of illegal income 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.

Our country stipulates that tobacco and alcohol are state-controlled products, so it is also illegal to transport rolls without a license.

1. What are the criteria for filing a case for illegal transportation of tobacco?

Illegal transportation of cigarettes is an illegal business.

According to Article 225 of the Criminal Law [Fengwang's Crime of Illegal Business Operations] Whoever violates state regulations by committing one of the following illegal business operations, disrupting market order, and the circumstances are serious, shall be sentenced to 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, 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.

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.

2. What are the illegal tobacco trades?

1. Illegal operation of franchises, monopoly items or other restricted items stipulated by laws and administrative regulations without permission. Tobacco monopolies are restricted items that can be bought and sold.

2. Buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval certificates stipulated by laws and regulations.

The tobacco monopoly license is a certificate issued by the Tobacco Monopoly Bureau to enterprises and individuals to allow them to operate tobacco monopoly products, including the tobacco monopoly production license and the tobacco monopoly business license.

The transport permit is a certificate issued by the provincial tobacco company in accordance with the allocation plan, documents or contracts of the tobacco company. The former is a document supporting the information of the licensed unit or individual engaged in the tobacco monopoly business, and is an important certificate to distinguish the legal operation and illegal operation of the tobacco industry. The latter is an important certificate for the legality of tobacco transportation by the receiving unit or individual, and the competent state department will issue the above-mentioned certificate to the unit and individual after examination and approval, so as to strengthen the supervision and unified management of the production, operation and transportation of tobacco monopoly products.

What are the criteria for filing a case for illegal shipment of tobacco? The criteria for filing a case for illegal transportation of tobacco are clearly stipulated in the law, and if a suspect has committed illegal transportation of tobacco, he or she needs to be punished. After the arrest of a suspect in illegal tobacco trafficking, his family members who want to understand his criminal law can find a lawyer to help analyze it.

Summary. Hello dear. will be confiscated.

You sell and transport cigarettes worth 10,000 yuan without a license, and are seized by the Tobacco Monopoly Bureau, because tobacco is a state-owned item, and it is illegal for you to sell and transport cigarettes without a license, and the Monopoly Bureau has the right to confiscate all the seized cigarettes.

All of them were ** and all confiscated.

Hello dear. will be confiscated. You sold and transported cigarettes worth thousands of dollars without a license, and were seized by the Tobacco Monopoly Bureau, because tobacco is a national exclusive purchase, and it is illegal for you to sell and transport cigarettes without a license, and the Monopoly Bureau has the right to confiscate all the seized cigarettes.

In accordance with Article 225 of the Criminal Law of the People's Republic of China [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 love banquet is 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; (B) buying, selling, leasing and selling import and export loss licenses, import and export certificates of origin, and other laws and administrative regulations prescribed by business licenses or approval documents; 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.