Illegal business operations are exempt from prosecution. If the circumstances are obviously minor and the harm is not great, it will not be considered a crime; if the crime has passed the statute of limitations for prosecution; if one of the circumstances is exempted from punishment by a pardon order, criminal responsibility will not be pursued; if the case has been investigated, the case should be dismissed or no prosecution should be conducted. Either the trial is terminated or the case is acquitted.
Legal Analysis
Illegal business operations can be exempted from prosecution, but they need to meet conditions. The so-called exemption from prosecution means that if the legal conditions are met, but since it is possible, it means that the attitude of the procuratorate is very important. For cases that are exempt from prosecution, the procuratorate may or may not prosecute. It needs to be determined based on the circumstances of the case. If the circumstances are minor, prosecution may not be required. For details, please contact the procuratorate responsible for the case. The crime of illegal business operations refers to behavior that violates state regulations, disrupts the market economic order without permission from relevant state departments. The crime of illegal business operation was born out of the crime of speculation in the planned economy era. The cases where the crime of illegal business operation is less than 400,000 yuan and the employee plays a minor or auxiliary role in illegal business activities are exempt from prosecution. If the employee is unaware of the company's illegal business operation, he or she can be prosecuted. No legal liability is assumed. If the person plays a minor or auxiliary role in illegal business activities, he will be punished as an accessory, but the punishment will be lighter, mitigated or even exempted.
Legal Basis
"Criminal Law of the People's Republic of China"
Article 225 Violates state regulations and commits the following illegal business activities 1. Whoever disrupts market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal gains; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than one time and not more than five times the illegal gains. A fine of not less than one time but not more than five times or confiscation of property may be imposed: (1) Unauthorized operation of franchised or monopolized items or other restricted items stipulated in laws and administrative regulations; (2) Trading of import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated in laws and administrative regulations; (3) illegally operating securities, futures, and insurance businesses without the approval of the relevant national competent authorities, or illegally engaging in fund payment and settlement business; (4) other serious Illegal business practices that disrupt market order.
Article 16 If any of the following circumstances occurs, criminal liability shall not be pursued. If the case has been investigated, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated, or the case shall be acquitted: (1) The circumstances are obviously minor , the harm is not great and is not considered a crime; (2) the crime has passed the statute of limitations for prosecution; (3) the crime is exempted from punishment by a special pardon order; (4) the crime is handled only after complaint in accordance with the criminal law, but no complaint is made or the complaint is withdrawn; (5) The criminal suspect or defendant dies; (6) Other legal provisions exempt him from criminal liability.