Current location - Trademark Inquiry Complete Network - Futures platform - How to determine the illegal business amount in the case of fake cigarettes
How to determine the illegal business amount in the case of fake cigarettes
Hello, according to Article 4 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products, if the sales or purchase price of tobacco monopoly products can be ascertained, the illegal business amount shall be calculated according to the sales or purchase price. If the sales price or purchase price cannot be determined, the illegal business amount shall be calculated according to the following methods:

(a) seized cigarettes and cigars, if there is a brand, shall be calculated according to the retail price issued by the provincial tobacco monopoly administration department where the brand cigarettes and cigars are seized; If there is no brand, it shall be calculated according to the average retail price of cigarettes in the previous year issued by the provincial tobacco monopoly administrative department at the place where it was seized;

(two) the price of the seized redried flue-cured tobacco leaves and tobacco leaves shall be calculated according to the average benchmark price of flue-cured tobacco allocation in the previous year issued by the provincial tobacco monopoly administrative department at the place of seizure;

(3) The price of cut tobacco shall be calculated at 1.5 times of the price calculation standard specified in item (2);

(four) the price of cigarette accessories, if there is a brand, shall be calculated according to the price issued by the provincial tobacco monopoly administration department where the brand accessories are seized; If there is no brand, it shall be calculated according to the average price of such cigarette accessories required by the tobacco industry in the previous year issued by the provincial tobacco monopoly administrative department at the place where it was seized;

(five) the price of illegal production, sale and purchase of special tobacco machinery shall be calculated according to the national guidance price catalogue of special tobacco machinery products issued by the department of tobacco monopoly administration in the State Council; If there is no such special tobacco machinery in the catalogue, it shall be calculated according to the average price of similar special tobacco machinery in the catalogue issued by the tobacco monopoly administrative department at or above the provincial level.

For the crimes and punishment standards involved in the fake cigarette case, you can click on the article link to learn more! 20 18 links to the summary page of charges and punishment standards of tobacco-related cases.