The legal liability for selling fake cigarettes is determined according to the specific amount. It is a crime for the actor to intentionally manufacture and sell fake and inferior products, and the sales amount reaches more than 50 thousand yuan as stipulated by law; The act of manufacturing and selling fake and shoddy products with a sales amount of less than 50,000 yuan is generally illegal and can be given administrative punishment by the administrative department for industry and commerce according to law.

1. If the circumstances of selling fake cigarettes are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than five years, and shall be fined not less than one time but not more than five times the illegal income or confiscated property:

1. Without permission, engaging in franchise or monopoly commodities or other commodities whose operation is restricted by laws and administrative regulations;

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;

3, 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;

Second, how to convict the sale of fake wine:

1. If the wine is genuine and only imitates other people's trademarks, it is suspected of selling goods with counterfeit registered trademarks;

2, if the wine is fake, it is blended with alcohol and water, and its behavior seriously endangers food safety and poses a threat to public health, it constitutes the crime of producing and selling fake and inferior products;

3. If selling fake wine constitutes a crime, criminal responsibility can be investigated according to the crime of producing and selling fake and inferior products, which is an intentional crime. If you don't know that it is selling fake wine, it doesn't constitute a criminal offence, so the parties should prove that they don't know, so they can be exempted from criminal punishment;

Legal basis: Article 140 of the Criminal Law of People's Republic of China (PRC), producers and sellers who adulterate products with fakes, pass fake products off as genuine products, and pass unqualified products off as qualified products, with a sales amount of more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than 200,000 yuan; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined not less than 50% but not more than two times the sales amount.