1. Is it a crime to buy smuggled cigarettes?
1. Whether buying cigarettes constitutes a criminal offence depends on the specific circumstances. Illegal purchase of smuggled cigarettes or purchase of counterfeit cigarettes for resale constitutes a crime.
2. Legal provisions: Criminal Code of People's Republic of China (PRC)
Article 140 Whoever produces or sells fake and inferior products, adulterates them, passes off fake products as genuine ones, passes off substandard products as qualified products, and the sales amount is more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or shall only, be fined more than 500% but less than 200,000 yuan. If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.
Article 154 Special Forms of Crime of Smuggling Ordinary Goods and Articles If the following smuggling acts constitute a crime in accordance with the provisions of this Section, they shall be convicted and punished in accordance with the provisions of Article 153 of this Law:
(1) Selling bonded goods such as raw materials, spare parts, finished products and equipment. (a) without the permission of the customs, failing to pay the tax payable, and being approved to be used for processing and assembly and compensation for trade imports, making profits in China;
(2) Selling goods and articles imported with specific duty reduction or exemption in China for profit without the permission of the customs and without paying the tax payable.
Second, what acts does the crime of illegal business operation include?
The crime of illegal business operation refers to illegal business operation, without permission, dealing in franchised or monopolized commodities or other restricted commodities, 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, engaging in other illegal business activities, disrupting market order, and serious acts. The acts that constitute this crime mainly include the following:
(1) dealing in franchised or monopolized commodities or other commodities whose trading 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) Other illegal business operations that seriously disrupt the market order. For example, illegally engaging in pyramid schemes and lottery transactions; Reselling wastes whose import is prohibited or restricted by the state; Monopoly goods, drive up prices and hoard; Selling foreign exchange, licenses, indecent articles, etc.
The above knowledge is my answer to relevant legal questions. Whether buying cigarettes will constitute a criminal offence depends on the specific situation. Illegal purchase of smuggled cigarettes or purchase of counterfeit cigarettes for resale constitutes a crime.