3. There is no clear standard for determining the amount. The number of years to be sentenced depends on the circumstances, such as the means of fraud, the property obtained by fraud, and the number of people involved in pyramid selling activities
According to the opinions of the Ministry of public security of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of law in handling criminal cases of organizing and leading pyramid selling activities, the organizers and leaders of pyramid selling activities fabricated and distorted national policies, fabricated and exaggerated business, investment, service items and profit prospects, To cover up the true source of remuneration and rebate or other fraulent means and carry out the acts specified in article 224-1 of the criminal law
those who illegally profit from the fees paid by the personnel participating in pyramid selling activities or the fees for purchasing goods and services shall be deemed as defrauding property. Whether the participants in pyramid selling activities think that they have been cheated or not does not affect the determination of the property swindled
The organizers and leaders of pyramid selling organizations that meet the provisions of paragraph 1 of Article 1 of the opinions shall be deemed as "serious circumstances" as stipulated in article 224-1 of the criminal law if they have one of the following circumstances:
(1) the total number of participants in pyramid selling activities of the organizations and leaders is more than 120
(2) collecting directly or indirectly the amount of MLM funds paid by the personnel participating in MLM activities, which has accumulated to more than 2.5 million yuan (3) having received criminal punishment for organizing or leading pyramid selling activities, or administrative punishment for organizing or leading pyramid selling activities within one year, and having directly or indirectly developed more than 60 people to participate in pyramid selling activities (4) causing serious consequences such as mental disorder and suicide of the participants in pyramid selling activities (5) causing other serious consequences or adverse social effects According to Article 224 of the criminal law of the people's Republic of China [contract fraud; In any of the following circumstances, whoever swindles the other party's property for the purpose of illegal possession in the process of signing or performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; (1) signing a contract in the name of a fictitious unit or in the name of another person; and (2) using forged, altered or voided bills or other false property right certificates as security (3) having no actual ability to perform, luring the other party to continue to sign and perform the contract by first performing the small contract or partially performing the contract (4) escaping after receiving the goods, payment for goods, advance payment or guarantee property from the other party (5) defrauding the other party's property by other means
Article 224-1 in the name of business activities such as promoting commodities and providing services, organizations and leaders require participants to obtain the qualification by paying fees or purchasing commodities and services, and form a hierarchy according to a certain order, and directly or indirectly use the number of development personnel as the basis for remuneration or rebate
whoever lures or coerces participants to continue to develop pyramid selling activities involving others, swindles money or property, and disturbs economic and social order shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined
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extended materials
according to Article 7 of the regulations on the prohibition of pyramid selling, the following acts belong to pyramid selling:
(1) the organizer or operator requires the developed personnel to develop other personnel through the development personnel, To calculate and pay remuneration (including material rewards and other economic benefits, the same below) to the developing personnel based on the number of the personnel they have directly or indirectly developed in a rolling way, so as to seek illegal benefits
(2) the organizer or business operator, through the development personnel, requires the personnel to be developed to pay fees or pay fees in disguised form by way of subscribing for commodities, so as to obtain the qualification of joining or developing other personnel to join and seek illegal interests (3) the organizers or business operators, through the development personnel, require the development personnel to develop other personnel to join, form the relationship between the upper and lower line, and calculate and pay the online remuneration based on the sales performance of the lower line, so as to seek illegal interests
Article 24 for those who commit the acts specified in Article 7 of these regulations and organize and plan pyramid schemes, the administrative department for Instry and Commerce shall confiscate the illegal property, confiscate the illegal income and impose a fine of not less than 500000 yuan but not more than 2 million yuan; If a crime is constituted, criminal responsibility shall be investigated according to law
those who commit the acts specified in Article 7 of these regulations, introce, entice or coerce others to participate in pyramid selling shall be ordered by the administrative department for Instry and commerce to stop the illegal act, confiscate the illegal property and illegal income, and be fined not less than 100000 yuan but not more than 500000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law
those who take part in pyramid selling activities in accordance with Article 7 of these Regulations shall be ordered by the administrative department for Instry and commerce to stop the illegal activities and may be fined less than 2000 yuan
4. How is illegal pyramid selling convicted? The main legal basis for cracking down on illegal pyramid selling in China is as follows: < / BR > Article 225 of the criminal law [crime of illegal business operation] "Reply of the Supreme People's Court on how to determine the nature of pyramid selling or disguised pyramid selling with serious circumstances" (adopted at the 1166th meeting of the judicial committee of the Supreme People's Court on March 29, 2001 and announced by the Supreme People's Court of the people's Republic of China on April 10, 2001), Effective as of April 18, 2001), the provisions of the Supreme People's Procuratorate, the Supreme People's Procuratorate and the Ministry of public security on April 18, 2001 (GF [2001] No. 11), the reply of the Supreme People's Procuratorate on how to deal with pyramid selling or pyramid selling in disguised form before April 18, 1998 (Gao Jian R & D No. 7, 2003), and the regulations on Prohibition of pyramid selling (adopted at the 101st executive meeting of the State Council on August 10, 2005), Since November 1, 2005) on February 28, 2009, the criminal law amendment (VII) was passed, adding the crime of organizing and leading pyramid selling. Crime of organizing and leading pyramid selling: in the name of selling goods and providing services, organizing and leading require the participants to obtain the qualification by paying fees or purchasing goods and services, and form a hierarchy according to a certain order, directly or indirectly use the number of development personnel as the basis for payment or rebate, to ince and coerce the participants to continue to develop others to participate, Whoever swindles money or property and disturbs the economic and social order in pyramid selling shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined < Amendment 7 of the criminal law adds an article after article 224 of the criminal law as one of article 224: "in the name of business activities such as selling goods and providing services, organizations and leaders require participants to obtain the qualification of joining by paying fees or purchasing goods and services, and form a hierarchy according to a certain order, Whoever directly or indirectly uses the number of development personnel as the basis for calculating remuneration or rebate, lures or coerces participants to continue to develop pyramid selling activities in which others participate, swindles money or property, or disturbs economic and social order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined. "
5. There is no illegal network pyramid selling crime in our criminal law
Those suspected of organizing or leading pyramid selling activities shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined
Article 224-1 of the criminal law requires participants to pay fees or purchase goods and services in the name of business activities such as selling goods and providing services, and form a hierarchy according to a certain order, and directly or indirectly use the number of development personnel as the basis of remuneration or rebate to lure and encourage them to participate Whoever coerces participants to continue developing pyramid selling activities in which others participate, swindles money or property, or disturbs economic and social order shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined
Article 225 Whoever, in violation of the provisions of the state, commits one of the following illegal business operations, thus disturbing 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 gains; If the circumstances are especially serious, the offender 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 the illegal gains or be sentenced to confiscation of property:
(1) operating without permission the articles that are exclusively or monopolized by law or administrative regulations or other articles that are restricted from trading
(2) buying and selling import and export licenses, certificates of origin for import and export, and other business licenses or approval documents stipulated by laws and administrative regulations (3) engaging in securities, futures and insurance business without the approval of the relevant competent authorities of the state, or engaging in fund payment and settlement business illegally (4) other illegal operations that seriously disrupt the market order The object of this crime is complex object, which not only infringes the property ownership of citizens, but also infringes the market economic order and social management order. The object of this crime is citizens' personal property, usually money. Pyramid selling is often accompanied by tax evasion and price driving, which infringes many social relations and legal objects The objective elements of this crime are that it violates the state regulations, organizes and engages in pyramid selling activities, disturbs the market order, and the circumstances are serious. However, not all pyramid schemes constitute crimes. If the circumstances are general, they belong to general illegal acts and shall be punished by the administrative department for Instry and commerce; Only when the perpetrator's MLM behavior is serious, can it constitute a crime and be investigated for criminal responsibility according to law The identification of serious cases should be combined with the amount of money involved in pyramid selling, the number of pyramid selling development personnel, the means used in pyramid selling, the impact of pyramid selling and other factors The subject of this crime is a general subject, and any natural person who reaches the age of legal criminal responsibility and has the ability of criminal responsibility can constitute this crime. This crime is mainly investigated by the planners of pyramid schemes, and the active participants who introce, deceive and coerce others to join pyramid schemes. The general participants will not be investigated
subjective elements
in the subjective aspect, this crime shows direct intention and has the purpose of illegal profit. That is to say, the perpetrator knows that his pyramid selling behavior is prohibited by national laws and regulations, but in order to achieve the purpose of illegal profit-making, he still carries out this kind of behavior, and holds the attitude of hope and positive pursuit for the occurrence of harmful results
extended information:
on the determination of "serious circumstances" in the crime of organizing and leading pyramid selling activities, It should be recognized as "serious circumstances" as stipulated in article 224-1 of the criminal law: (1) the total number of people involved in pyramid selling activities organized and led by the organization or leader is more than 120
(2) collecting directly or indirectly the amount of MLM funds paid by the personnel participating in MLM activities, which has accumulated to more than 2.5 million yuan (3) having received criminal punishment for organizing or leading pyramid selling activities, or administrative punishment for organizing or leading pyramid selling activities within one year, and having directly or indirectly developed more than 60 people to participate in pyramid selling activities (4) causing serious consequences such as mental disorder and suicide of the participants in pyramid selling activities (5) causing other serious consequences or adverse social effects
6. After article 224 of the criminal law, an article is added as one of article 224: "in the name of business activities such as selling goods and providing services, organizations and leaders require participants to obtain the qualification of joining by paying fees or purchasing goods and services, and form a hierarchy according to a certain order, Whoever directly or indirectly uses the number of development personnel as the basis for calculating remuneration or rebate, lures or coerces participants to continue to develop pyramid selling activities in which others participate, swindles money or property, or disturbs economic and social order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined. "
Chapter 4 of the regulations on the prohibition of pyramid selling stipulates the corresponding legal responsibilities for the responsible persons of pyramid selling, which can be roughly divided into four categories:
(1) for those who organize and plan pyramid selling, the administrative department for Instry and Commerce shall confiscate the illegal property, confiscate the illegal income, and impose a fine of not less than 500000 yuan but not more than 2 million yuan; If a crime is constituted, criminal responsibility shall be investigated according to law
(2) those who introce, lure or coerce others to participate in MLM shall be ordered by the administrative department for Instry and commerce to stop the illegal act, confiscate the illegal property and illegal income, and be fined not less than 100000 yuan but not more than 500000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law< (3) those who participate in MLM shall be ordered to stop the illegal act by the administrative department for Instry and commerce, and may be fined less than 2000 yuan. When punishing the above-mentioned behaviors, they may be ordered to suspend business for rectification or their business licenses may be revoked in accordance with the law< (4) the administrative department for Instry and Commerce shall order to stop the illegal activities, confiscate the illegal income and impose a fine of not less than 50000 yuan but not more than 500000 yuan if it provides business premises, training places, sources of goods, safekeeping, warehousing and other conditions for pyramid selling. Those who provide Internet information services for pyramid selling activities shall be ordered by the administrative department for Instry and commerce to stop the illegal activities, and the relevant departments shall be informed to punish them in accordance with the measures for the administration of Internet information services.
7. Laws, regulations and judicial interpretation of sentencing standards for the crime of illegal organization pyramid selling< (4) an article is added after article 224 of the criminal law as one of article 224: "in the name of business activities such as selling goods and providing services, organizations and leaders require participants to obtain the qualification to join by paying fees or purchasing goods and services, and form a hierarchy according to a certain order, Whoever directly or indirectly uses the number of development personnel as the basis for calculating remuneration or rebate, lures or coerces participants to continue to develop pyramid selling activities in which others participate, swindles money or property, or disturbs economic and social order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined< (2) Notice on printing and distributing the provisions of the Ministry of public security of the Supreme People's Procuratorate on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (2).
[time of promulgation] May 7, 2010
Article 78 [case of organizing and leading pyramid selling activities (article 224-1 of the criminal law)] organizing and leading businesses in the name of selling goods and providing services, Participants are required to pay fees or purchase goods or services to obtain the qualification, and form a hierarchy according to a certain order, directly or indirectly use the number of development personnel as the basis for payment or rebate, to ince or coerce participants to continue to develop pyramid selling activities that others participate in, defraud property and disrupt the economic and social order, and are suspected of organizing If there are more than 30 MLM participants and the level is above three, the organizers and leaders shall be put on file for prosecution
the organizers and leaders of MLM activities referred to in this article refer to the initiators, decision makers and manipulators who play the role of organization and leadership in MLM activities, as well as the personnel who are responsible for planning, directing, arranging and coordinating in MLM activities, or who play a key role in the implementation of MLM activities
III. supplementary provisions of the Supreme People's court and the Supreme People's Procuratorate on the determination of charges in the implementation of the criminal law of the people's Republic of China (IV)
(FA Shi [2009] No. 13, the 1474th meeting of the judicial committee of the Supreme People's Court on September 21, 2009 On September 28, 2009, the 20th meeting of the 11th Procuratorial Committee of the Supreme People's Procuratorate adopted Article 224-1
(Article 4 of the Seventh Amendment to the criminal law) crime of organizing and leading pyramid selling activities
8. If there are more than 30 people participating in pyramid selling activities and the level is above three, the organizers and leaders shall be investigated for criminal responsibility
according to the opinions of the "two high schools and one department" on Several Issues concerning the application of law in handling criminal cases involving organization and leadership of pyramid selling activities, Article 1: in the name of business activities such as selling goods and providing services, participants are required to obtain the qualification to join in the form of paying fees or purchasing goods and services, and form a hierarchy according to a certain order, A pyramid marketing organization that directly or indirectly uses the number of development personnel as the basis for remuneration or rebate, lures or coerces participants to continue to develop others, swindles property, and disturbs the economic and social order
the organizers and leaders should be investigated for criminal responsibility if there are more than 30 people participating in pyramid selling activities within the organization and the level is above three
if you organize or lead multiple MLM organizations, and the level of a single or multiple organizations has reached more than three levels, you can combine the number of people who have developed in each organization
extended data:
the harm of pyramid selling
disturb the social and economic order, affect social stability and unity, cause the rise of social criminal cases, family destruction and other social unrest. The essence of MLM lies in the illegal transfer and aggregation of finance through the development of offline marketing, which does not create social value. This is the essential difference between MLM and normal marketing. MLM is not a state act, nor can it be a state act. Although it has brought economic stimulus and promoted consumption, its organizational behavior has caused irreparable harm to most of the participants and violated the normal life and activities of human beings
