Mr. and Mrs. Zhang Ting's company has been identified as pyramid selling. Will they be subject to criminal punishment?

Mr. and Mrs. Zhang Ting's company has been recognized as pyramid selling by the market supervision department. Their company * * * generated pyramid selling income of about 9 1 100 million yuan, with a profit of nearly 20 million yuan. Their company was fined 2 1 10,000 yuan, and all their media platform accounts were banned. But to everyone's disappointment, they may not be subject to criminal punishment, that is, they should not be punished.

First of all, they will not be subject to criminal punishment. First of all, we must know that there are two main ways to crack down on pyramid schemes in China. The first is administrative punishment, which is to crack down on such pyramid schemes by canceling the company or not imposing a fine. The second is to investigate the criminal responsibility of leaders through criminal investigation. This requires that the elements that constitute pyramid schemes are much stricter than those that constitute administrative violations. According to Article 244 of China's Criminal Law, if it constitutes the crime of organizing and leading pyramid selling activities, then Mr. and Mrs. Zhang Ting may face imprisonment of not more than five years. If the circumstances are serious, they may even be sentenced to a longer sentence. However, in the criminal law, the crime of organizing and leading pyramid schemes must first meet the subjective conditions and be the leader of pyramid schemes. Secondly, it must have the nature of defrauding others' property, otherwise it can only constitute an administrative violation.

Second, Bian Xiao's point of view: At present, the state has imposed administrative punishment on the company of Mr. and Mrs. Zhang Ting, confiscated the illegal income obtained by the company through marketing activities, and imposed a fine on the company. The reason why Mr. and Mrs. Zhang Ting were not implicated was because the pyramid scheme they launched was carried out in the name of the company, so the subject of punishment was the company. According to the response of the market supervision administration in this regard, there are many people involved and the amount is very large. However, this pyramid scheme is only a commercial pyramid scheme, and it does not constitute a fraudulent pyramid scheme, so I'm afraid Mr. and Mrs. Zhang Ting can also escape this jail time.

Now the local people's court has taken protective measures against Mr. and Mrs. Zhang Ting's company. I believe that the law should give people a reasonable explanation for transferring or hiding funds.