Penalty standard for illegal transportation of tobacco

Under normal circumstances, the punishment for illegal transportation of tobacco is to confiscate the illegal income of illegal transportation of tobacco and impose a fine. If there is no relevant license and the amount involved is more than 200,000 yuan, it may be sentenced to fixed-term imprisonment of more than five years or criminal detention, and a fine of more than/kloc-0 and less than 5 times.

(1) Whoever consigns or transports tobacco monopoly commodities without a transportation permit or in excess of the quantity specified in the transportation permit shall be fined for more than 20% and less than 50% of the value of the illegally transported tobacco monopoly commodities, and may purchase the illegally transported tobacco monopoly commodities at the price stipulated by the state.

(two) in any of the following circumstances, the illegal transportation of tobacco monopoly products and illegal income shall be confiscated:

1. The value of illegally transporting tobacco monopoly products exceeds 50,000 yuan or the number of transported cigarettes exceeds 100 (per 10000/piece);

2. Being punished by the department of tobacco monopoly administration for more than two times;

3 to resist the supervision and inspection personnel of the department of tobacco monopoly administration to carry out inspections according to law;

4 illegal transportation of smuggled tobacco monopoly products;

5. Transportation of tobacco monopoly products produced by enterprises without tobacco monopoly production enterprise licenses;

6. Using camouflage to illegally transport tobacco monopoly products;

7 using special vehicles to transport tobacco monopoly products to avoid inspection;

8. Other illegal transportation acts, if the circumstances are serious.

(3) If the carrier knowingly transports tobacco monopoly products for a unit or individual without a transportation permit, the illegal income shall be confiscated and a fine of 10% to 20% of the value of the illegally transported tobacco monopoly products may be imposed.

(four) mailing or carrying tobacco leaves and tobacco products in different places exceeds the limit set by the relevant departments of the State Council, and shall be punished in accordance with the provisions of item (a) of this article.

Legal basis:

Article 55 of the Regulations for the Implementation of People's Republic of China (PRC) Tobacco Monopoly Law.

Where a unit that has obtained the license of tobacco monopoly wholesale enterprise violates the provisions of the first paragraph of Article 23 of these regulations and engages in the wholesale business of tobacco products beyond its business scope and geographical scope, the department of tobacco monopoly administration shall order it to suspend the wholesale business, confiscate its illegal income and impose a fine of more than 60% but less than 20% of the value of the illegally operated tobacco products.

Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and 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.