Whether the illegal proceeds of sale should be deducted costs
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Legal Pro Yang Mengyan Lawyer
Practicing for 5 years Shanghai Dewo Hantong Law Firm
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Legal analysis: illegal proceeds to deduct the Cost. Any property directly or indirectly generated or obtained through the commission of a crime shall be recognized as illegal proceeds.
Legal Basis: Article 2 of the Measures for the Determination of Illegal Income in Cases of Administrative Punishment by Industry and Commerce Administrative Organs: The basic principle for the determination of illegal income by industry and commerce administrative organs is: the illegal income shall be determined by deducting all the revenues obtained by the party concerned from the illegal production and sale of goods or the provision of services from the appropriate and reasonable expenditures of the party concerned which are directly used for business activities. Except for the special provisions of these Measures.
Answered on 2022-04-14
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Sale and sale of illegal proceeds whether the costs are deducted
Legal analysis: illegal proceeds to be deducted from the costs of . Any property directly or indirectly generated or obtained through the commission of a crime shall be recognized as illegal income. If the illegal income has been partially or completely transformed or converted into other property, the transformed or converted property shall be regarded as illegal income. Legal basis: Article 299 of the Criminal Procedure Law of the People's Republic of China. An application for confiscation of illegal proceeds shall be heard by a collegial panel of the intermediate people's court in the place where the crime was committed or the place where the suspect or the defendant resides. After accepting an application for confiscation of illegal proceeds, the people's court shall issue a public announcement. The period of public notice is six months. Close relatives and other interested persons of the suspect or defendant have the right to apply to participate in the proceedings, or to appoint a litigation agent to participate in the proceedings. The people's court hears the application for confiscation of the illegal proceeds after the expiration of the period of public notice. If the interested party participates in the proceedings, the people's court shall hold a hearing.
Lulin Kuang Jiaxin Lawyer
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Whether the illegal income is deducted from the cost
Whether the illegal income is deducted from the cost needs to depend on the specific situation. Confiscation of property is a kind of property penalty, is the criminal law method of compulsory and gratuitous nationalization of a part or all of the property owned by the offender personally, it refers to all or part of the property owned by the offender personally, such as property, cash, debts, etc., and can not be involved in the property of the person other than the offender; Confiscation of all property, but also for the individual offender and his dependent, supported by his family and his children to leave the necessary living expenses, and just debts incurred by the offender prior to the confiscation of property may also be returned upon application by the creditor. Those sentenced to confiscation of property may not, for any reason, apply to the people's court for a discretionary reduction or exemption. When a sentence of confiscation of property is imposed, property belonging to the offender's family members that is owned by or due to the offender may not be confiscated. The so-called family-owned property refers to property that belongs purely to the individual family member, such as clothing worn by the family member and property earned through personal labor. The property belonging to the family refers to the property owned by the family *** with the property that should belong to the family. For property owned by the criminal and others, the part belonging to others shall not be confiscated. Legal basis: Article 59 of the Criminal Law of the People's Republic of China Confiscation of property is the confiscation of one or all of the property owned by the offender. Where all the property is confiscated, the necessary living expenses shall be retained for the offender and his or her dependent family members. In sentencing the confiscation of property, no property owned by or due to the offender's family may be confiscated. Article 60 of the Criminal Law of the People's Republic of China If a legitimate debt incurred by an offender prior to the confiscation of property needs to be repaid with the confiscated property, it shall be repaid at the request of the creditor. Article 6 of the Provisions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of the Procedures for the Confiscation of Illegal Proceeds in Cases of the Flight and Death of Criminal Suspects and Defendants Any property directly or indirectly generated or obtained through the commission of a crime shall be deemed to be the illegal proceeds of crime as stipulated in the first paragraph of Article 280 of the Criminal Procedure Law.
Qiao Guangyuan Lawyer
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Whether Illegal Income is Deducted from Costs
I. Whether the illegal income is deducted from the cost of 1. The illegal act is a general illegal business behavior, the illegal income should be deducted from the cost. Specific cases are as follows: (1) the relative engaged in is not illegal business behavior, but purely illegal or infringement; (2) the relative business products belong to the illegal products that it can not be used, income; (3) according to the law can be introduced to calculate the meaning of the illegal income without deducting the cost.2. Legal basis: "the supreme people's court, the supreme people's procuratorate on the application of the criminal suspect, The Supreme People's Court, the Supreme People's Procuratorate on the application of criminal suspects, the defendant's escape, death of the confiscation of illegal proceeds of several issues of the provisions of the confiscation procedure "Article 6, through the implementation of the crime directly or indirectly generate, obtain any property, shall be recognized as the criminal procedure law, Article 280, paragraph 1, the "illegal proceeds". Where the proceeds of crime have been partially or wholly transformed or converted into other property, the transformed or converted property shall be regarded as "proceeds of crime" as stipulated in the preceding paragraph. Proceeds from property transformed or converted from illegal proceeds, or proceeds from the corresponding portion of illegal proceeds in property that has been commingled with illegal proceeds, shall be regarded as "illegal proceeds" as stipulated in the first paragraph. Second, the determination of illegal income is how the determination of illegal income is as follows: 1, in order to regulate and safeguard the industrial and commercial administrative organs in accordance with the law, fair and effective exercise of power, the correct implementation of administrative penalties, to protect the citizens, legal persons and other organizations of the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with relevant laws and regulations, to formulate the measures; 2, the industrial and commercial administrative organs of the determination of the illegal income of the basic principle is that: to the parties concerned The basic principle for the industrial and commercial administrative organs to recognize the illegal income is that the entire income obtained by the party concerned from the illegal production, sale of goods or provision of services, minus the appropriate and reasonable expenses directly used by the party concerned for the business activities, shall be the illegal income. The illegal income from the illegal production of commodities shall be calculated on the basis of the total sales income from the illegal production of commodities, less the purchase price of raw materials for the production of commodities; 4. The illegal income from the illegal sale of commodities shall be calculated on the basis of the sales income from the illegal sale of commodities, less the purchase price of commodities sold; 5. The illegal income from the illegal provision of services shall be calculated on the basis of the total income from the illegal provision of services, less the purchase price of the commodities used in the services. The illegal income of illegal provision of services shall be calculated according to the full income of the parties concerned; 6. In violation of laws and regulations, the illegal income of facilitating illegal acts shall be calculated according to the full income of the parties concerned; 7. In the case of illegal contracting, the illegal income shall be calculated in accordance with the relevant provisions if the contractor provides the materials; if the customized person provides the materials, the illegal income shall be calculated in accordance with the provisions of Article 5 of these Measures; 8. In the case of pyramid schemes, the illegal income of the pyramid schemes of the type of pulling head, cheating the initiation fee Illegal income is calculated according to the entire income of the person concerned; in the case of illegal income of team-based remunerated pyramid schemes, the illegal income is calculated according to the income from the illegal sale of commodities minus the purchase price of raw materials used in the production of the commodities; in the case of the sale of non-self-produced commodities, it is calculated according to the income from the illegal sale of commodities minus the purchase price of the commodities sold; 9. In the determination of the illegal income, the illegal income of the person concerned is determined by the industrial and commercial administration organs prior to the imposition of the administrative penalty in accordance with the In the determination of illegal income, the taxes and fees already paid by the parties before the administrative punishment is imposed by the industrial and commercial administrative authorities in accordance with the laws, regulations and the provisions of the people's governments at or above the provincial level shall be deducted; 10. If the laws and administrative regulations stipulate otherwise in respect of the determination of "illegal income" and "illegal income", they shall be applied according to their own stipulations. Government regulations on the "illegal income", "illegal income" of the determination of other provisions, may from its provisions.
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Confiscation of illegal proceeds whether to deduct the cost of the
Legal analysis: confiscation of Recovery of illegal income whether to deduct the cost of the law is not clear. First, the relative engaged in is not illegal business behavior, but simply illegal or tortuous behavior. For example, the company manager to use his authority to accept bribes or misappropriation of company property, in accordance with the provisions of the company law, should be confiscated by the company manager of the illegal income, and ordered to return the company's property. Secondly, the products operated by the relative belong to the illegal products that they cannot use or gain. For example, a printing house illegally prints the trademark logo of tobacco products, according to the Tobacco Monopoly Law, the administration for industry and commerce shall destroy the printed trademark logo, confiscate the illegal income and impose a fine. Third, according to the law can introduce the meaning of calculating the illegal income without deducting the cost. For example, a person without authorization, the purchase of printing equipment, private contract printing business, in accordance with the provisions of the Publication Administration Regulations, the administrative organs shall be banned, confiscate the publications and the main special tools and equipment engaged in illegal activities, as well as illegal income, and impose a fine under the illegal income. Legal basis: "The Chinese people's *** and the Criminal Law of the State" Article 64 criminals shall be recovered or ordered to pay compensation for all property obtained in violation of the law; the legitimate property of the victim shall be returned in a timely manner; contraband and for the use of the crime of their own property, shall be confiscated. The confiscated property and fines shall be paid into the state treasury and shall not be misappropriated or disposed of.
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Illegal profits Deduct costs
Legal analysis: According to China's legal provisions, if suspected of illegal business, then the illegal income should not be deducted costs. Legal basis: "The Chinese People's *** and State Administrative Compulsion Law" Article 2 The administrative compulsion referred to in this law, including administrative coercive measures and administrative coercive execution. Administrative coercive measures, refers to the administrative organs in the process of administrative management, in order to stop illegal acts, prevent the destruction of evidence, to avoid the occurrence of harm, control the expansion of danger and other circumstances, according to law, the implementation of the temporary restriction of the personal freedom of the citizens, or citizens, legal persons or other organizations to implement the act of temporary control of property. Administrative compulsory execution, refers to the administrative organ or the administrative organ to apply for the people's court, the non-performance of administrative decisions of citizens, legal persons or other organizations, according to law, the act of compulsory performance of obligations. Article 12 administrative enforcement: (a) impose a fine or late payment; (b) the transfer of deposits, remittances; (c) auction or lawfully dispose of seized, detained places, facilities or property; (d) remove obstruction, restore the original state; (e) on behalf of the fulfillment; (f) other means of enforcement. Article 19 of the urgency of the situation, the need to implement administrative coercive measures on the spot, administrative law enforcement officers shall, within twenty-four hours to the person in charge of the administrative organ, and make up the approval procedures. The person in charge of the administrative organ that should not take administrative coercive measures, shall be immediately lifted.
Wu Huanhuan lawyer
Practicing 4 years
Criminal illegal income deduction cost
Legal analysis: whether the illegal income deduction cost, need to look at the specific situation. Any property directly or indirectly generated or obtained through the commission of a crime shall be recognized as illegal income as stipulated in the first paragraph of Article 280 of the Criminal Procedure Law. Legal Basis: Provisions of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Application of the Procedures for Confiscation of Illegal Proceeds in Cases of the Escape and Death of Criminal Suspects and Defendants Article 6: Any property directly or indirectly generated or obtained through the commission of a crime shall be deemed to be the "illegal proceeds" stipulated in the first paragraph of Article 280 of the Criminal Procedure Law. ". Where the proceeds of crime have been partially or wholly transformed or converted into other property, the transformed or converted property shall be regarded as "proceeds of crime" as provided for in the preceding paragraph. Proceeds from property transformed or converted from illegal proceeds, or proceeds from the corresponding part of illegal proceeds in property that has been mixed with illegal proceeds, shall be regarded as "illegal proceeds" under the first paragraph. Article 2 of the administrative organs of industry and commerce administrative organs to determine the illegal income of the basic principle is: the illegal production, sale of goods or services to the parties to the illegal production, sales of goods or provision of services for all the income minus the parties to the appropriate reasonable expenses directly used in the business activities, for the illegal income.
Guangxi contract lawyer Zhao Shuyuan
Practicing 2 years
Confiscation of the recovery of illegal income deduction cost
Legal analysis: the illegal act is a general illegal business behavior, the illegal income should be deducted from the cost. Confiscation of illegal income is a form of administrative punishment, mainly applicable to the situation in which the offender obtains material benefits as a result of the illegal act. Legal Basis: Article 59 of the Chinese People's **** and National Codes Confiscation of property is the confiscation of one or all of the property owned by the offender. Where all the property is confiscated, the necessary living expenses shall be retained for the individual offender and his or her dependent family members. When the confiscation of property is imposed, property belonging to the offender's family or to which the offender is entitled shall not be confiscated.
Wuhan divorce lawyer Li Yufang
Practicing for 7 years
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Is the cost of illegal business crime to be deducted
Legal analysis: need.1, illegal operation of more than 20 tons of salt is less than 30 tons of salt, for the custodial sentence or fine sentence. Illegal operation of 30 tons of salt, for one year of imprisonment, each additional 6 tons, the sentence increased by one year. 2、Illegal operation of telecommunications business amounting to less than 1.5 million yuan, for the fine sentence of more than 500,000 yuan less than 2 million yuan, for the custodial sentence of 00 million yuan, for six months of fixed-term imprisonment, and for each additional 50,000 yuan, the term of imprisonment increases by one month. Legal basis: "Chinese People's *** and the Criminal Law of the State" Article 225 Violation of state regulations, one of the following illegal business practices, disrupting the market order, the circumstances are serious, shall be sentenced to less than five years of fixed-term imprisonment or criminal detention, and or a single fine of more than double the illegal income of more than five times the section of the particularly serious, shall be sentenced to more than five years of fixed-term imprisonment, and shall be sentenced to more than double the illegal income of more than five times the fine or confiscation of property (a) unauthorized operation of laws and administrative regulations of the monopoly, monopoly goods or other restrictions on the sale of goods (b) trading import and export licenses, certificates of origin of import and export, and other laws and administrative regulations of the business license or approval documents (c) without the approval of the relevant state authorities to illegally operate the securities, futures, insurance business, or illegally engaged in the payment and settlement of funds business (d) other serious disruption of the market order of illegal business practices.
Nanjing lawyer Zhang Lijun
Practicing for 11 years
Confiscation of the recovery of illegal income deduction cost
The illegal behavior is a general illegal business behavior, the illegal income should be deducted cost. Confiscation of illegal proceeds is a form of administrative punishment, mainly applicable to the situation in which the offender obtains material benefits as a result of the illegal act. First, involving pollution of the environment after the crime of suspicion of not prosecuting administrative penalties can be After the suspicion of not prosecuting, if there is an administrative violation of the law can be pursued for administrative penalties. According to the provisions of Article 8 of the Law of the People's Republic of China *** and the State Administrative Punishments, there are seven kinds of administrative punishment as follows: 1, warning. It is the state's condemnation and admonition of administrative violations, is the state's formal negative evaluation of the perpetrator's illegal behavior. From the state side, the warning is the formal meaning of the state administrative organs, will have an adverse effect on the relative party, should be included in the scope of legal constraints; for the punished person, the sanctioning effect of the warning, mainly on the parties to the formation of psychological pressure, unfavorable environment of social opinion. The important purpose of applying the warning penalty is to make the punished person to recognize the illegality of their behavior and the harm to society, to correct the illegal behavior and no longer continue to violate the law. 2. Fines. Is the administrative organ of administrative offenses to the mandatory collection of a certain amount of money, deprivation of certain property rights of the sanction method. Applicable to a variety of administrative offenses sanctions. 3, confiscation of illegal income, confiscation of illegal property. Confiscation of illegal income is a sanction method for administrative organs to nationalize property acquired through illegal ways and means in the possession of the perpetrator of an administrative offence; confiscation of illegal property is a sanction method for administrative organs to nationalize property and articles illegally possessed by the perpetrator of an administrative offence. 4. Order to suspend production and business. It is the sanction method that the administrative organ mandatorily orders the administrative offender to temporarily or permanently stop production and other business activities. 5、Suspension or revocation of permits, suspension or revocation of licenses. The administrative organ temporarily or permanently revokes the administrative offender's documents that authorize him or her to enjoy certain rights or engage in certain activities, so that he or she loses his or her rights and activity qualifications. 6. Administrative detention. That is, the public security organs of the violation of public security management in a short period of time to deprive their personal freedom of a mandatory punitive measures. 7, other administrative penalties prescribed by laws and administrative regulations.
Tang Yujuan lawyer
Practicing for 7 years
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