1. Should I be sentenced for illegally operating ordinary employees?
The illegal operation of the unit is generally unrelated to the workers' association. According to the provisions of the Criminal Law, anyone who violates the provisions of the state and commits one of the following illegal business operations, which disturbs the market order and the circumstances are serious, constitutes the crime of illegal business operations. Companies, enterprises, institutions, etc. If it constitutes a crime of illegal business operation, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be investigated for criminal responsibility, sentenced to punishment and fined.
Article 225 of the Criminal Law
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the 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 shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially 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 but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted 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 stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.
Second, what is the constitution of the crime of illegal business operation?
(A) the object elements
The object of this crime is the national market management system that restricts the sale of goods and business licenses.
(b) objective factors
Objectively speaking, this crime is manifested as operating franchise, monopoly commodities or other commodities with restricted operation without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, and engaging in other illegal business activities that disrupt market order and have serious circumstances. There are mainly the following behaviors:
1. Operating franchised or monopolized commodities or other commodities whose operation is restricted by laws and administrative regulations without permission.
2. Buying and selling import and export licenses, import and export certificates of origin and business licenses or approval certificates stipulated by other laws and regulations.
3 illegal pyramid schemes, lottery transactions and other illegal business practices that seriously disrupt market order; Reselling wastes whose import is prohibited or restricted by the state; Monopoly goods, drive up prices and hoard; Reselling foreign exchange, licenses and indecent articles; Wait a minute.
This crime belongs to the circumstance crime, and the illegal business operation must be "serious" to constitute a crime. If it is only illegal business, and the circumstances are not serious, it does not constitute a crime. "The circumstances are particularly serious" is an aggravating circumstance. Generally speaking, the basic plot of "serious circumstances" should be that the amount of illegal income is large or huge; The basic plot of "especially serious circumstances" should be that the amount of illegal income is extremely huge and should be considered in combination with other circumstances.
The so-called other circumstances mainly refer to: those who have repeatedly engaged in illegal business operations and still do not repent after administrative punishment; Engaging in illegal business activities by taking advantage of authority, which has a bad influence; Monopoly of commodities, driving up prices, seriously disrupting the market and seriously affecting national economic and social stability; Illegal business activities causing serious consequences, etc.
(3) Main elements
The subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have the ability of criminal responsibility. A legally established and responsible unit can also be the subject of this crime.
(4) Subjective factors
Subjectively, this crime is intentionally constituted and has the purpose of seeking illegal interests, which are the two main contents of this crime. If the actor buys and sells the business license because he doesn't understand the laws and regulations, he should not be punished as this crime, and the competent department should investigate his administrative responsibility.
Generally, crimes committed by units are all double-penalty systems, that is, fines are imposed on units and penalties are imposed on persons directly responsible for units. For ordinary employees, because they can't control the will of the unit, they have not directly committed the crime of illegal business operations. At this time, they cannot be convicted and sentenced, and ordinary employees will not be investigated for criminal responsibility.