What should I do if I am found to have fake cigarettes by a tobacco company and the tobacco company

It shall be punished as the crime of selling counterfeit and shoddy products. The Criminal Law stipulates that if a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or a substandard product as a qualified product, and the sales amount is between 50,000 and 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention, and/or a fine of not less than 50% but not more than two times the sales amount; where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is between 500,000 and 2,000,000 RMB, a sentence of 7 or more years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is more than 2,000,000 RMB, the sentence is 15 years imprisonment or life imprisonment, and a concurrent fine of between 50% and 2 times the sales amount or confiscation of property.

According to Article 140 of the Criminal Law, the sale of counterfeit and shoddy tobacco products with a sales amount of more than 50,000 yuan constitutes the crime of selling counterfeit and shoddy products. Article 1 of the 2003 Minutes of the Symposium on Issues Concerning the Application of Law in Handling Criminal Cases of Counterfeit and Shoddy Tobacco Products (hereinafter referred to as the "Minutes") issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the State Tobacco Monopoly Administration stipulates: "If the counterfeit and shoddy tobacco products have not been sold, and the value of the goods reaches three times the sales amount of 150,000 yuan as stipulated in Article 140 of the Criminal Law, they shall be convicted and punished for the crime of attempted production and sale of counterfeit and shoddy products."

Where counterfeit and shoddy tobacco products have not yet been sold, and the value of the goods reaches between 150,000 and 200,000 RMB, between 200,000 and 500,000 RMB, between 500,000 RMB and 2 million RMB, and 2 million RMB, they are to be convicted and punished in accordance with each sentencing level provided for in article 140 of the Criminal Law. Accordingly, combined with the facts of this case, 49,400 yuan should be determined as the amount of the completed sale of counterfeit and shoddy products, but it did not meet the standard of 50,000 yuan for filing a case, and the value of the unsold counterfeit cigarettes was 244,760 yuan, which should be determined to be the amount of the attempted sale of counterfeit and shoddy products, and in accordance with the principle of absorbing light punishment from heavy punishment, the amount of sales that has been sold and the amount of goods that have not yet been sold are added to 294,160 yuan, and the whole case should be convicted and punished as the crime of attempted sale of counterfeit and shoddy products, in accordance with the provisions of Article 140 of the Criminal Law. That is, the sentence is within the range of not less than 2 years but not more than 7 years, and a fine of between 50% and 2 times the sales amount is imposed.

The Tobacco Monopoly Bureau has professional cigarette appraisers who can let him do the appraisal.

If the identification is true, the conclusion of the professional appraisal is still more credible than the answer.

Because you have no conflict of interest with the tobacco company in this matter, and you identify it as fake cigarettes, and the tobacco seller has to compensate you, and it is not the tobacco company that compensates you, the tobacco bureau can just go to investigate the case and punish the tobacco seller. If the appraisal is true, then everyone will be even more happy.

I went to the commissary at the construction site last night to buy a pack of system, Baisha second generation, I myself am from Hunan Province, I smoked this pack of cigarettes last night, the taste is very strange, and I owe the throat, especially smoking and extinguishing the fire, half of the cigarette is not finished, I ran to the commissary and said to the boss, the boss told me that it may be a new package, the boss also said that he also took cigarettes from the tobacco company, I just want to say to the boss, it is not easy for everyone to come out to make money, why bother, business is mainly about integrity, Who wants to believe what you say without integrity!

Legal analysis: Selling counterfeit cigarettes is seized by the Tobacco Bureau, and the circumstances are less serious, and the circumstances are serious. Anyone who sells illegally produced tobacco monopoly products shall be ordered by the tobacco monopoly administrative department to stop the sale, confiscate the illegal gains, impose a fine of not less than 20 percent but not more than 50 percent of the total illegal sales, and publicly destroy the illegally sold tobacco monopoly products.

If the value of the case of selling counterfeit cigarettes is large, it is suspected of illegal business operation.

Legal basis: Article 225 of the Criminal Law of the People's Republic of China: Where state regulations are violated by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property: (1) Engaging in the operation of monopoly or monopoly goods or other restricted items as provided for by laws or administrative regulations without permission.

2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations; (3) Without the approval of the relevant competent state departments, illegally operating **, ** or insurance business; (4) Other illegal business activities that seriously disrupt market order.

Stores with a tobacco monopoly retail license do not necessarily sell real cigarettes. The anti-counterfeiting code of cigarettes is printed on the outer packaging of cigarettes (socks, strips, bags) with Tibetan, Chinese and numeric logos. Users can query directly, which is very convenient.

Go to a tobacco store and buy it. The quality of tobacco in the store of the Tobacco Bureau can still be guaranteed, but sometimes the ** will be slightly higher.

The tobacco company's cigarettes will never be fake, and I think that there is a problem that the taste of the cigarette is different due to the different storage environment, and the dryness, humidity, softness, etc. will have an impact on the taste of the cigarette.

Tips for buying cigarettes:

1. Don't buy cigarettes near the station. The sale of fake cigarettes is a major event at major stations, which is basically how expensive it is, how fake it is, and how to sell it. **Large volume and high liquidity, which is very beneficial to the sale of fake cigarettes. So the smoke hotel near the station is flooded with fake smoke.

2. Go to remote small shops less. This is not to say that there are many fake cigarettes, on the contrary, many small shops in remote areas are mostly real cigarettes because they sell less. However, because of this, the tobacco in these small shops has been stored for a long time, and it is difficult to guarantee the quality. Dry and hard to smoke.

3. Pay attention to the quality of cigarettes in the supermarket. The author has always thought that the supermarket is a very harmonious place, until he was drinking with an uncle from the industrial and commercial bureau that the inside story was revealed: a supermarket fake goods as high as 64%.

4. Try to buy cigarettes at the stores you frequent. In fact, stores with better sales basically have fake cigarettes, but when you get acquainted with the boss, he is generally embarrassed to be too embarrassed about your state reputation.

You can call 12315 to report to the Industrial and Commercial Bureau. Those who illegally operate tobacco monopoly products, including the sale of fake cigarettes, the sale of smuggled cigarettes, the transportation without a license, the operation without a license, and the production without a license, must bear administrative responsibility and even criminal responsibility.

Article 33 of the Tobacco Monopoly Law stipulates that anyone who produces or sells cigarettes, cigars, or packaged tobacco without a registered trademark shall be ordered by the administrative department for industry and commerce to stop the production and sale and shall be fined. Anyone who produces or sells tobacco products that counterfeit the registered trademark of another person shall be ordered by the administrative department for industry and commerce to stop the infringing act, compensate the infringed party for its losses, and may also impose a fine; where a crime is constituted, criminal responsibility is pursued in accordance with law.