When the administrative department for industry and commerce investigates and deals with illegal acts according to law, under what circumstances must the case be transferred to the public security organ? According to the provisions of Article 140 of the Criminal Law of People's Republic of China (PRC), producers and sellers who adulterate their products with fake products, pass off fake products as genuine products, and pass off unqualified 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 be fined not less than 50% but not more than two times the sales amount. ?

The Reply of the State Administration for Industry and Commerce on Issues Related to the Transfer of Cases (No.1999) clearly stipulates that, according to the relevant provisions of Articles 7 and 22 of the Administrative Punishment Law, if an illegal act constitutes a crime, the administrative organ must transfer the case to the judicial organ for criminal responsibility according to law, and shall not substitute administrative punishment for criminal punishment. In the process of investigating a case, the administrative department for industry and commerce believes that the behavior of the parties to the case has constituted a crime, and shall transfer the case to judicial organs without administrative punishment.

Extended data

According to the Criminal Law of People's Republic of China (PRC), a criminal act has four elements, namely, the subject of crime, the subjective aspect of crime, the objective aspect of crime and the object of crime. The subject of a crime refers to the person who commits a crime. The subjective aspect of crime refers to the psychological state of the criminal subject's criminal behavior and its results.

The objective aspect of crime refers to the concrete manifestation of criminal behavior. The object of crime refers to the social relations protected by criminal law and infringed by criminal acts. The above four elements must be met at the same time to constitute a crime.

Notice of Hainan Provincial People's Government-State Administration for Industry and Commerce on Investigating and Handling Illegal Acts of Using Contracts