What are the penalty standards for fake wine, and what are the fine standards for fake wine

1. How to punish fake wine.

1. The penalty standards for counterfeit wine are as follows:

1) Where 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 RMB, 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;

2) Selling goods that are clearly known to be counterfeit registered trademarks, and the amount of sales is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine;

3) Where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment is to be given.

2. Legal basis: Article 140 of the Criminal Law of the People's Republic of China.

Crime of producing or selling counterfeit or shoddy products] Where 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 RMB, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention and/or a fine of between 50% and 2 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.

2. What are the criteria for filing criminal cases of counterfeit alcohol?

The criteria for filing a criminal case of counterfeit alcohol are as follows:

1. The sales amount of counterfeit and shoddy products is more than 50,000 yuan;

2. Counterfeit and shoddy products have not been sold, and the value of the goods is more than 150,000 yuan;

3. The sales amount of counterfeit and shoddy products is less than 50,000 yuan, but after multiplying the sales amount by three times, the total value of the counterfeit and shoddy products that have not yet been sold is more than 150,000 yuan.

Those who produce or sell counterfeit liquor are to be sentenced to up to five years imprisonment or short-term detention and/or a fine of between 20,000 and 200,000 RMB.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

1. What is the standard of fines for counterfeit wine?

1. The fine standards for counterfeit wine are as follows:

1) Where 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 RMB, 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;

2) Where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment and a fine of between 50% and 2 times the sales amount is to be given;

3) Where the sales amount is between 500,000 and 2,000,000 RMB, a sentence of not less than seven years imprisonment and a fine of between 50 and 2 times the sales amount is to be given;

4) Where the sales amount is more than 2 million yuan, the sentence is 15 years imprisonment or life imprisonment, and a fine of not less than 50% but not more than 2 times the sales amount or confiscation of property is to be given.

2. Legal basis: Article 140 of the Criminal Law of the People's Republic of China.

Crime of producing or selling counterfeit or shoddy products] Where 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 RMB, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention and/or a fine of between 50% and 2 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.

2. How to judge the death of a person caused by the sale of counterfeit wine.

If a person who drinks fake liquor to death is suspected of the crime of producing or selling counterfeit or shoddy products, the person who drinks the dead person shall be sentenced to 15 years imprisonment or life imprisonment, and shall also be fined not less than 50% but not more than two times the amount of the sale or have his property confiscated.

Article 140 of the Criminal Law of the People's Republic of China:

1) Where 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 RMB, 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;

2) Where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment and a 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.

1. If the illegal business turnover is more than 50,000 yuan, a fine of less than five times the illegal business turnover may be imposed.

2. Where there is no illegal business turnover or the illegal business turnover is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed.

The sale of counterfeit liquor may constitute the crime of producing and selling counterfeit and shoddy products. The crime of producing or selling counterfeit or shoddy products refers to the conduct of producers or sellers adulterating or adulterating products, passing off fake products as genuine, shoddy products, or substandard products as qualified products, with a sales amount of 50,000 yuan or more.

Where 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 RMB, a sentence of up to two years imprisonment or short-term detention is to be given, and/or a fine of between 50 and 2 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.

Legal basis. Penal Code

Article 140: Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or passes off a substandard product as a qualified product, and the sales amount is between 50,000 and 200,000 RMB, 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 percent 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.

Those who sell counterfeit liquor will be ordered to stop selling, confiscate the counterfeit liquor, impose fines, and revoke their business licenses.

If the circumstances of selling counterfeit liquor are serious, it will constitute the crime of selling goods with counterfeit registered trademarks. In accordance with the relevant provisions, if the sale of goods that are clearly known to be counterfeit registered trademarks, and the amount of sales is relatively large, a sentence of up to three years imprisonment or short-term detention shall be given, and/or a fine. Where the sales amount is more than 50,000 yuan, it falls under this provision as a "relatively large amount".

Therefore, selling counterfeit wine for more than 50,000 yuan can constitute a crime, and the public security organ should file a case. If you do not know that it is counterfeit and sell it, it will not constitute a criminal offence.

If the perpetrator knows or should know that others are committing the crime of producing or selling counterfeit or shoddy goods, and provides them with loans, funds, invoices, certificates, or permits, or provides convenient conditions such as production or business sites, transportation, warehousing, storage, or mailing, or provides technology for the production of counterfeit or shoddy goods, they are to be punished as accomplices to the crime of producing or selling counterfeit or shoddy goods. Where the crime of producing or selling counterfeit or shoddy goods is carried out, and at the same time constitutes other crimes such as infringement of intellectual property rights or illegal business operations, it is to be convicted and punished in accordance with the provisions for the heavier punishment.

Legal basis. Criminal Law of the People's Republic of China

Article 140: [Crime of Producing or Selling Counterfeit and Shoddy Products] Where 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 RMB, 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.

Legal Analysis: Depending on the circumstances, serious cases may lead to criminal offenses. Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of unlawful gains is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment and/or a fine.

Legal basis: Article 214 of the Criminal Law of the People's Republic of China Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of unlawful gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

Legal analysisThere are two main types of so-called counterfeit liquor in the market: one type of small distillery counterfeits famous liquor for the sake of sales performance, and this type of counterfeit liquor mainly occurs in large cities or urban areas. In addition, industrial alcohol is blended into edible liquor for sale, mainly in rural areas.

Industrial alcohol contains methanol, which is a highly toxic substance, and drinking 4 to 6g can blind people, and more than 10g can cause death. The chemical and physical properties of methanol, especially the smell, taste, and specific gravity, are similar to ethanol, and it is difficult to distinguish them by sensory identification alone. For counterfeit wine, the industrial and commercial bureau can confiscate and fine, and in serious cases, it is judged that it is a product that infringes the trademark rights of others, and the sale of counterfeit wine may constitute the crime of illegal operation and sale of listed commodities at the same time.

Selling counterfeit liquor for more than 50,000 yuan can constitute a crime, and the public security organs should file a case.

Legal basis. Criminal Law of the People's Republic of China Article 140 Where 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 RMB, 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.

The penalties for counterfeit liquor are as follows:

1. Where a producer or seller adulterates or adulterates a product with a fake or shoddy product, or passes off a substandard product as a qualified product, with a sales amount of 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;

2) Selling goods that are clearly known to be counterfeit registered trademarks, and the amount of sales is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine;

3) Where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment is to be given.

The criteria for filing a criminal case of counterfeit alcohol are as follows:

1. The sales amount of counterfeit and shoddy products is more than 50,000 yuan;

2. Counterfeit and shoddy products have not been sold, and the value of the goods is more than 150,000 yuan;

3. The sales amount of counterfeit and shoddy products is less than 50,000 yuan, but after multiplying the sales amount by three times, the total value of the counterfeit and shoddy products that have not yet been sold is more than 150,000 yuan.

To sum up, there are many varieties of wine on the market, and some wines are more expensive, but in some areas you can always find more expensive wine** very cheap, and this situation may involve fake wine.

Legal basis.

Article 140 of the Criminal Law of the People's Republic of China:

Producers or sellers who dope or adulterate products, pass off fake products as genuine, shoddy products, or pass off substandard products as qualified products, and the sales amount is between 50,000 and 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention, and/or a fine of between 50% and 2 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.