1. Individuals resell Moutai to a certain extent. If liquor is true, it constitutes the crime of illegal business operation, and the starting point is fixed-term imprisonment of not more than five years or criminal detention;
2. If there is something wrong with the resold wine, it will constitute other charges.
The sentencing standards for selling fake wine are as follows:
1, which is enough to cause serious food poisoning accidents or other serious food-borne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined;
2. Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined;
3. If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.
There are the following procedures for selling Moutai:
1, the state has strict control over the production and operation of alcohol, and units or individuals engaged in the wholesale and retail of alcohol shall, within 60 days after obtaining the business license, go through the filing and registration with the competent commercial department at the same level of the administrative department for industry and commerce at the place of registration according to the principle of territorial management;
2. You can apply for liquor license and registration certificate with the health license, business license and tax registration certificate that meet the requirements of laws and regulations.
To sum up, individuals who sell Moutai in a certain amount will constitute the crime of illegal business operation, and will generally be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Wine is a special commodity, and a licensing system is implemented. There are special liquor administrations all over the country. Individuals who cannot directly retail alcohol must register as individual industrial and commercial households or enterprises and obtain food hygiene licenses, industrial and commercial business licenses and alcohol retail licenses before they can engage in alcohol retail business. Therefore, in this sense, individuals are not allowed to resell alcoholic products, including Moutai.
Legal basis:
Article 225 of the Criminal Code of People's Republic of China (PRC).
The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and 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 stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.
Article 143 of the criminal law
Whoever produces or sells food that does not meet the food safety standards enough to cause serious food poisoning accidents or other serious food-borne diseases shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.