I would like to ask what crime will be convicted if the illegal tobacco does not exceed fifty thousa

Articles 36 and 55 of the Regulations for the Implementation of the Tobacco Monopoly Law stipulate that if tobacco is transported without a transport permit, a fine of less than 50% shall be imposed on the tobacco vendor, and if the value of the tobacco exceeds 50,000 yuan, it shall be confiscated; Carriers are only fined up to 20 per cent.

However, the local laws of Anhui, Zhejiang, and Shanghai provinces stipulate that the transportation of tobacco without a transport permit and the amount is more than 50,000 yuan is an illegal business operation, and the circumstances are serious, and the offender shall be sentenced to fixed-term imprisonment of not more than five years and a fine of not less than one time and not more than five times for the crime of illegal business operation. Among them, those who have received two or more administrative punishments but still transport tobacco without a license to a certain amount, the national circumstances are particularly serious, and they should be sentenced to fixed-term imprisonment of not less than five years but not more than 15 years for the crime of illegal business operation.

You don't know it's fake cigarettes, you think it's real, and your friend just put it in you.

Plus you didn't sell, no.

Of course your friend beckoned, and you know it's fake. Then you're a guilty sins, and I don't know exactly how many years you've been in.

No! Illegality is illegality.

It's not transporting, it's harboring... It's estimated that it's serious.,Pay more attention in the future.,Your friend too.。。。 I actually put it in your house...

It's so irresponsible. It's me who broke up my friendship a long time ago...Now it is estimated that you can only cooperate with the relevant departments to find out your friend and make things clear...

You should ask about China Tobacco!

This kind of thing is serious!

Smuggling about 100,000 tobacco will be sentenced. Whoever evades the tax payable on the smuggled goods or articles is between 50,000 and 150,000 yuan shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined not less than one time but not more than five times the amount of tax payable. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other persons directly responsible for the crime are to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, the sentence is between three and ten years imprisonment; where the circumstances are especially serious, the sentence is to be 10 or more years imprisonment.

Where multiple smugglings have not been handled, penalties shall be imposed in accordance with the amount of tax payable for the evasion of accumulated smuggled goods and articles.

Article 153 of the Criminal Law: Those who smuggle goods or articles other than those provided for in Articles 151, 152, and 347 of this Law shall be punished in accordance with the following provisions on the basis of the severity of the circumstances: (1) Where the amount of tax payable is relatively large for smuggling goods or articles smuggled or where the amount of tax payable is relatively large for smuggling, or where the person has been given a second administrative punishment for smuggling within one year and then smuggles again, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and shall also be fined not less than one time but not more than five times the amount of tax payable for evasion. (2) Where the amount of tax payable is huge for smuggling goods or articles or there are other serious circumstances, a sentence of not less than three years but not more than 10 years imprisonment and a fine of not less than one time but not more than five times the amount of tax payable for evasion shall be given.

3) Where the amount of tax payable for smuggling goods or articles is especially huge or there are other particularly serious circumstances, the sentence is to be 10 or more years imprisonment or life imprisonment, and a fine of not less than 1 time but not more than 5 times the amount of tax payable for evasion or confiscation of property is to be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, the sentence is between three and ten years imprisonment; where the circumstances are especially serious, the sentence is to be 10 or more years imprisonment. Where multiple smugglings have not been handled, penalties shall be imposed in accordance with the amount of tax payable for the evasion of accumulated smuggled goods and articles.

In accordance with article 225 of the Criminal Law of the People's Republic of China, the first paragraph of article 3 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 Involving the Illegal Production and Sale of Tobacco Monopoly Products" provides that if the amount of illegal business operation is more than 50,000 yuan, or the amount of illegal gains is more than 20,000 yuan, it shall be found to be a "serious circumstance" in the crime of illegal business operation, and shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention. A fine of between 1 and 5 times the amount of unlawful gains is to be imposed concurrently or separately.

In accordance with the provisions of Articles 33, 34 and 267 of the Criminal Procedure Law of the People's Republic of China (law), it is recommended that criminal suspects and defendants retain a defender as soon as possible. If a party to a criminal case has financial difficulties or other circumstances, they may also apply for legal aid in accordance with law and other means to retain a criminal lawyer as the defender in the criminal case. Based on the preliminary analysis of the questioner's brief description, it is more likely that a suspended sentence should be imposed in criminal cases such as the amount of illegal business operations amounting to 50,000 yuan.

The statutory base sentence is one year's imprisonment;

Anyone who produces or wholesales tobacco products without the permission of the administrative department in charge of tobacco monopoly and without a production license, wholesale license, or retail license, in any of the following circumstances, is considered to be a serious circumstance, and the statutory base sentence is one year imprisonment:

1) The amount of an individual's illegal business operations reaches 50,000 RMB, or the amount of unlawful gains exceeds 10,000 RMB;

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

3) Those who have received two or more administrative punishments for illegal business in tobacco products and have illegally operated tobacco products, with an amount of 20,000 yuan.

He is therefore punishable by imprisonment for one to five years.

Detention for half a year (without leaving a criminal record) or a sentence of about one year in prison. Where the circumstances are minor, the attitude of admitting guilt is positive, or there are other meritorious performances, they may apply for a suspended ......It's all man-made.

It is a crime of illegal business operation. The amount of illegal business operations is more than 50,000 yuan, and the circumstances are particularly serious, and a sentence of up to five years imprisonment or short-term detention is given, and a fine of not less than one time but not more than five times is given. The specific sentencing should be based on the specific circumstances of your case, whether you have any arrears, voluntary surrender, meritorious service, active return of stolen goods, etc.

For details, please go to the legal consultation to seek help from a lawyer.

If the amount of illegal tobacco business reaches 500,000 yuan, it is suspected of the crime of illegal business operation, and the circumstances are particularly serious, and the statutory penalty is: fixed-term imprisonment of not less than five years, and a fine of not less than one time but not more than five times the illegal gains or confiscation of property. Specific sentencing should be combined with the actual circumstances of the case to see if there are mitigating or mitigating circumstances.

The law stipulates: 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 activities, 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 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

Engaging in franchises, monopoly items, or other restricted items as provided for by laws and administrative regulations without permission.

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

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

Article 3 of the "Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Involving the Illegal Production and Sale of Tobacco Monopoly Products" Article 3: In any of the following circumstances, illegal business operations in tobacco monopolies shall be found to be "serious circumstances" as provided for in article 225 of the Criminal Law:

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

Illegally dealing in more than 200,000 cigarettes.

Those who have received two or more administrative punishments for illegally dealing in tobacco monopoly products within three years, and who have illegally operated 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:

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

Illegally dealing in more than 1 million cigarettes.

If the sales amount obtained from the sale of counterfeit cigarettes is less than 50,000 yuan, it is generally an illegal act, and the administrative department for industry and commerce may give administrative punishment in accordance with law. According to China's regulations, merchants who sell counterfeit cigarettes are ordered to stop selling, their illegal gains confiscated, and they are to be fined between 20 and 50 percent of the total illegal sales, and the illegally sold tobacco monopolies are to be publicly destroyed.

Legal basis: Article 27 of the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China stipulates that no unit or individual shall sell illegally produced tobacco products.

Article 62 of the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China stipulates that anyone who sells illegally produced tobacco monopoly products in violation of the provisions of Article 27 and Paragraph 1 of Article 40 of these Regulations shall be ordered by the tobacco monopoly administrative department to stop the sale, confiscate the illegal gains, impose a fine of not less than 20% but not more than 50% of the total illegal sales, and publicly destroy the illegally sold tobacco monopoly products.

Article 140 of the Criminal Law of the People's Republic of China stipulates: 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 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention, and/or a fine of not less than 50% but not more than two 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 is to be given, and a 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.

Summary. Hello, for the illegal sale of tobacco of 50,000 to 60,000 yuan, the criminal suspect will be sentenced to up to five years imprisonment or criminal detention by the people's court, and shall be fined not less than one time but not more than five times the illegal gains. Selling tobacco without permission is suspected of illegal business operations, and will be convicted and sentenced according to the circumstances.

Hello, for illegal tobacco trading of 50,000 to 60,000 yuan, the criminal suspect will be sentenced to five years of fixed-term imprisonment or criminal detention by the people's court, and a fine of not less than one time but not more than five times the illegal gains. Selling tobacco without permission is suspected of the crime of illegally operating Lingshu, and will be convicted and sentenced according to the circumstances.

legal analysis; What are the constitutive elements of the crime of illegal business operation: 1. Object elements: The object of the crime of illegal business operation is the market management system of the state restricting the sale of goods and business licenses; 2. Objective elements: manifested as operating monopoly and monopoly items and other restricted items without the permission of the spine, buying and selling import and export licenses, import and export certificates of origin, and other business license approval documents stipulated by laws and administrative regulations, as well as engaging in other illegal business activities, disrupting market order, and the circumstances are serious; 3. Main elements:

The subject of the crime of illegal business operation is the subject, that is, all natural persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility. A unit can also be the subject of this crime. Generally, it means that a normal person who has reached the age of 16 can constitute the crime of illegal business operation, while a person under the age of 16 or a mentally ill person cannot constitute the crime of illegal business operation.

The so-called "unit" refers to various companies, enterprises, institutions and other legal persons and organizations.

Legal basis: Article 225 of the Criminal Law of the People's Republic of China provides that the crime of illegal business operations 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 shall also be fined between one and five times the amount of illegal gains for missing the link manuscript; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a fine of between 1 and 5 times the amount of unlawful gains is to be given, and property is confiscated: 1

Engaging in franchised or monopolized items or other restrictive items provided for by laws and administrative regulations without permission; 2.3. 3. Purchase and export licenses, import and export certificates of origin, and other business license approval documents stipulated by laws and administrative regulationsWithout the approval of the relevant competent departments of the state, illegally operating **, **, insurance business, illegally returning to filial piety to engage in fund payment and settlement business; 4.

Other illegal business activities that seriously disrupt the market order.

Legal analysis: If the illegal operation of 50,000 yuan constitutes the crime of illegal business operation, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal 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 given

Legal basis: "Criminal Judgment Law of the People's Republic of China" 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 in and out refers to the business license or approval document provided for in the silver re-export license, the certificate of origin of import and export, and other 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 the order of the rental market.