Core Viewpoint - The article discusses the application of probation for individuals convicted of illegal business activities, emphasizing the conditions under which probation may be granted and providing case studies to illustrate these points [2][7]. Summary by Sections Definition and Legal Framework - Illegal business activities are defined as actions that disrupt market order and are conducted without proper authorization, including unauthorized sales of restricted items and illegal financial operations [3]. - The conditions for applying probation include: 1. The crime must be of a relatively minor nature, considering factors such as the amount involved and the impact on market order [3]. 2. The offender must demonstrate remorse through actions such as confessing, returning illegal gains, and apologizing to victims [3]. Assessment of Probation Eligibility - Additional conditions for probation eligibility include: 1. No risk of reoffending, which is assessed based on the offender's history and behavior during the legal process [4]. 2. The probation must not have a significant negative impact on the community, evaluated through the offender's community relations and compliance with laws during the probation period [6]. Case Studies - Case Study 1: An individual named Li sold cigarettes without a license, with a total illegal business amount of 50,000 yuan and illegal gains of 5,000 yuan. Li showed remorse by confessing and returning the illegal gains, leading to a probation sentence of one year and six months [6][7]. - Case Study 2: An individual named Zhang engaged in unauthorized foreign exchange trading with illegal business amounts of 2 million yuan and illegal gains of 200,000 yuan. Zhang's refusal to cooperate and history of similar offenses led to a three-year prison sentence without probation [7]. Legal Representation Strategies - Legal representatives should: 1. Thoroughly understand the case facts and the nature of the illegal activities to build a strong defense [8]. 2. Encourage the offender to express remorse and take responsibility for their actions [9]. 3. Facilitate the return of illegal gains to demonstrate remorse and reduce social harm [9]. 4. Communicate with the community to obtain supportive statements regarding the offender's character and the impact of probation [9].