Is it a crime to open a black Internet caf for urgent help?

50 units 1 unit price per hour (calculated at 1 yuan) 24 hours 30 days 6 months = 216,000 yuan, the amount is enough to file a case, and it should constitute the crime of illegal business.

Criteria for filing a case for the crime of illegal business operation.

8) Engaging in other illegal business activities in any of the following circumstances:

1.The amount of an individual's illegal business operation is 50,000 yuan or more, or the amount of unlawful gains is 10,000 yuan or more;

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

3.Although the above-mentioned amount standards are not reached, they have received two or more administrative punishments for the same type of illegal business conduct within two years, and they carry out the same type of illegal business conduct again;

4.Other situations where the circumstances are serious.

Let's put it this way, did your colleague offend someone? Because although it is illegal to open a black Internet café, it should not be criminally detained, even if it is considered a violation of public security management, the most serious is 15 days of detention. Under normal circumstances, it is to temporarily seize business tools (computers and equipment) and confiscate illegal gains (at that time, when the industry and commerce went to find how much money there was, except for what he said) and impose a fine (under normal circumstances, it cannot be collected, and no one will pay it, because the temporary detention mentioned above can actually be understood as confiscation, and no one can get it back when there is no one) There should be no other punishment.

But your colleague was detained for one month. Is he involved in pornography or gambling in the Internet café? If it is caught by joint law enforcement, then it cannot be dealt with as simply as the regulations on business administration.

Count it out as the most serious. As long as you sweep the criminal law, pornography, gambling and drugs, it won't be able to run for 1-3 years.

Legal Analysis: Generally Illegal. According to the provisions, whoever violates state regulations by operating monopoly or monopoly goods or other restricted items as stipulated by laws and administrative regulations without permission, disrupts 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 shall also be fined.

Legal basis: Article 14 of the Measures for the Administration of Business Premises for Internet Access Services Article 14 Where the provisions of these Measures are violated by opening an Internet access service business premises without obtaining a business license, the telecommunications regulatory bodies of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the provisions of Article 19 of the Measures for the Administration of Internet Information Services, order the closure of the business premises, confiscate all equipment and illegal gains from illegal business activities, and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.

It is generally illegal. According to the provisions, whoever violates state regulations by operating monopoly or monopoly goods or other restricted goods as prescribed by laws and administrative regulations without permission, 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 shall also be fined.

Article 14 of the Measures for the Administration of Internet Access Service Business Premises violates the provisions of these Measures, and opens Internet Internet access service business premises without obtaining a business license, and the telecommunications management bodies of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the provisions of Article 19 of the Measures for the Administration of Internet Information Services, order the closure of the business premises, confiscate all equipment and illegal gains engaged in illegal business activities in Hengqiao, and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.

Legal Analysis: Black Internet cafes, that is, Internet cafes opened without applying for a license from the Tan Hunger Camp, will be banned and fined in accordance with the law.

Legal basis: "Measures for the Administration of Internet Information Services" Article 19 Order the closure of business premises, confiscate all equipment and illegal gains engaged in illegal business activities, and impose a fine of between 10,000 yuan and 30,000 yuan. Article 15 In violation of the provisions of these measures, leasing or transferring business premises without authorization, the administrative department for industry and commerce shall confiscate the illegal gains, impose a fine, revoke the business license, and revoke the approval documents and revoke the business license by the relevant competent department.

If opening a black internet café violates the law and constitutes the crime of illegal business operation, the people's court will sentence him to fixed-term imprisonment of not more than five years 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, the sentence is to be five or more years imprisonment.

Article 225 of the Criminal Law: Where state provisions are violated by 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.

Legal analysis: If a black Internet café is operating illegally without an industrial and commercial license, violating national regulations and disrupting market order, and the circumstances are serious, it is suspected of illegal business operations.

Legal basis: Criminal 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 fine of between 1 and 5 times the amount of unlawful gains including a fine or confiscation of property is to be given: (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) 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) Without the approval of the relevant competent state departments, illegally operating **, ** or insurance business; (4) Other illegal business activities that seriously disrupt market order.

According to the Regulations on the Administration of Internet Access Service Business Premises, business units operating Internet access service business premises shall access the Internet through Internet access service providers who have obtained business licenses in accordance with law, and shall not use other methods to access the Internet. Where the provisions of these Regulations are violated by engaging in Internet access service business activities without authorization, the administrative departments for culture or the administrative departments for culture in conjunction with the public security organs are to ban them in accordance with law, seal up the venues where they engage in illegal business activities, and seize special tools and equipment for engaging in illegal business activities; If the criminal law is violated, criminal responsibility shall be investigated in accordance with the provisions of the Criminal Law on the crime of illegal business operation; where it is not sufficient for criminal punishment, the administrative department of culture shall confiscate the illegal gains and the special tools and equipment for engaging in illegal business activities; where the illegal business turnover is more than 10,000 yuan, a fine of between 5 and 10 times the illegal business turnover shall be imposed; where the illegal business turnover is less than 10,000 yuan, a fine of between 10,000 and 50,000 yuan shall be imposed. Legal basis:

Article 27 of the "Regulations on the Administration of Business Premises for Internet Access Services" violates the provisions of these Regulations by engaging in Internet access service business activities without authorization, and the administrative department for culture or the administrative department for culture in conjunction with the public security organs shall ban it in accordance with law, seal up the venue for engaging in illegal business activities, and seize special tools and equipment for engaging in illegal business activities; If the criminal law is violated, criminal responsibility shall be investigated in accordance with the provisions of the Criminal Law on the crime of illegal business operation; where it is not sufficient for criminal punishment, the administrative department of culture shall confiscate the illegal gains and the special tools and equipment for engaging in illegal business activities; where the illegal business turnover is more than 10,000 yuan, a fine of between 5 and 10 times the illegal business turnover shall be imposed; where the illegal business turnover is less than 10,000 yuan, a fine of between 10,000 and 50,000 yuan shall be imposed.