The provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (II) stipulates in Article 78:
"If there are more than 30 MLM personnel suspected of organizing and leading, and the level is above the third level, the organizers and leaders should be prosecuted."
Determination of the level and quantity of MLM organizations in Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Organizing and Leading MLM Activities;
"If there are more than 30 people involved in pyramid selling activities in the organization and the level is above the third level, the organizers and leaders shall be investigated for criminal responsibility according to law."
Extended data:
In recent years, pyramid schemes have occurred frequently. Under the influence of word of mouth and extensive publicity, more and more people are wary of pyramid schemes. However, although there are many informants, it is not easy to crack down on pyramid schemes. Why is this?
In the economic investigation department of the local public security bureau, the reporter interviewed the frontline law enforcement police. In the eyes of the police, there is no law to follow in cracking down on pyramid schemes, and it is still very difficult to actually operate.
In fact, the criminal filing criteria for pyramid schemes are two keys: the number of people involved reaches "30" and the organizational level reaches "level 3", excluding the amount involved.
However, the police immediately smiled bitterly. Don't look at such a simple standard as "three three". It is not easy to file an investigation and strike hard in reality.
The insiders believe that the definition of pyramid selling in legal provisions may be more rigorous, but such a threshold for filing a case is not only difficult for individuals, but even the public security department has to scratch its head. In other words, if the MLM organization had not collapsed and fled, 30 famous confessions with surnames would be hard to find. The crime filing standard of "30 people on three floors" allows most pyramid schemes to avoid being reported by the masses and then be unscrupulous.
The biggest difficulty is that many MLM participants do not cooperate with the public security organs to investigate and collect evidence.
According to the law, the public security organs generally advise, educate and dissuade those who participate in pyramid schemes. Those who organize and lead pyramid schemes can only be arrested if there is sufficient evidence. The police said that it is difficult to crack down on pyramid schemes.
Experts from the Economic Investigation Corps of the Ministry of Public Security also said that the characteristics of online pyramid selling are wide channels, cross-regional, fast dissemination and relatively high educational level of participants. It is not only very difficult to investigate and collect evidence, but also often requires the joint action of many departments such as industry and commerce, public security, and network information office, and it is difficult to command and coordinate.
Nanchang News Network -MLM chaos is hard to stop.