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Illegal e-cigarette sales exceeding RMB 1 million deemed serious by prosecutors: sentence of more th
H cink2023-05-12Views 443Source 未知
Key takeaway: According to Shanghai Pudong TV reports on May 3, a man in Shanghai was prosecuted by Pudong prosecutors for illegally selling non-compliant e-cigarettes without a license.
On May 6, news from Shanghai Pudong Television reported that a man in Shanghai was prosecuted by the Pudong procuratorate for illegally selling non-compliant e-cigarettes without a license. The news video was dated May 3. Sales information for fruit-flavored e-cigarettes mentioned in WeChat chat records. More illegal e-cigarettes were found in the man's home. The illegal fruit-flavored e-cigarettes mentioned in the prosecution documents. A prosecutor from the Pudong procuratorate being interviewed. The news video stated that the man was involved in over 1 million RMB in illegal sales, and the prosecutor described the situation as particularly serious. The legal provisions cited. The procuratorate believes the man has committed the crime of illegal business operations. The prosecutor stated that he could face a sentence of more than five years. #p#分页标题#e#And a fine. Or confiscation of property.The video contains several key pieces of information; Blue Hole has taken screenshots and provided text explanations. Key information includes the illegal sale of fruit-flavored e-cigarettes without a license, with goods worth over 1 million RMB seized, and the procuratorate's sentencing recommendation of more than five years in prison, along with a fine or confiscation of property, describing the situation as particularly serious. Currently, the only confirmed figure from the video is the seizure of goods worth over 1 million RMB, but the specific case value and illegal business amount have not been disclosed. The prosecutor mentioned that Article 225 of the Criminal Law states: The sentencing standards for illegal business operations with particularly serious circumstances have two references: 1. Personal illegal business amount exceeds 300,000 RMB, or the unit's illegal business amount exceeds 1 million RMB. 2. Personal illegal income exceeds 100,000 RMB, or the unit's illegal income exceeds 300,000 RMB. In this case, the illegal business amount exceeds 1 million RMB, which falls within the range of personal illegal business exceeding 300,000 RMB, constituting particularly serious circumstances, and should be sentenced to more than five years in prison, along with a fine of one to five times the illegal income or confiscation of property. Currently, there are no publicly available judgments regarding illegal e-cigarette business operations in China; the procuratorate's prosecution opinion is a relatively typical statement that can serve as a reference for similar criminal suspects, but cases and amounts may vary across different regions and should not be generalized.
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