Illegal sales of counterfeit wine violates the law, and the sentence will be determined based on the amount of sales and the consequences. Among them, the lightest penalty is if the sales amount is more than 50,000 yuan but less than 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be fined not less than 50% but not more than two times of the sales amount. If the counterfeit wine sold causes serious food poisoning accidents or other serious food-borne diseases, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.

1. What is the crime of reselling counterfeit wine?

1. It depends on the circumstances of the case. If the wine is real wine but is just a counterfeit of someone else’s trademark, it is suspected of selling goods with counterfeit registered trademarks. Crime;

2. If the wine is fake and 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 selling fake and inferior products.

2. Identification of various alcoholic beverages

1. Identification of liquor

. The outer packaging box of the fake liquor is old, and the bottle body has obvious signs of wear. At the same time, the fake liquor trademark has poor clarity, incorrect color, and no anti-counterfeiting mark. Looking at the sealing, the real liquor has more sealing processes, including anti-counterfeiting balls and plastic lids. , the sealing of fake wine is relatively simple and not standardized enough; look at the bottle cap, the bottle cap of real wine has a barcode, production date, batch number, and anti-counterfeiting mark printed on it, but fake wine cannot achieve this due to equipment limitations.

2. Identification of beer

Counterfeiters mostly recycle bottles of famous brand beer, put them into low-end wine, re-label them with new brands, and sell them as famous brand beer. When identifying this kind of wine, the main thing to look at is the trademark. The requirements for labeling real wine are very strict, and the trademark positions on all wine bottles are exactly the same, while fake wine is not so standardized, and sometimes the trademark position cannot be found at all.

3. Identification of fruit wine

Most of the fake wines in fruit wine are red wine. Red wine is faked by injecting it with a needle, and no flaws can be seen through the bottle. When identifying, the main thing is to look at the color of the wine. The color of real red wine is soft and not dazzling, while the color of fake wine with the right pigment is bright. In addition, there is usually sediment at the bottom of fake wine bottles.

3. Alcohol identification skills

(1) Look at the logo. According to relevant customs regulations, foreign wine labels must have Chinese logos and health inspection and quarantine stamps. The Chinese logo can only be obtained after passing multiple certificates from relevant national departments and passing sample inspections. Therefore, foreign wine without Chinese logos and health inspection and quarantine stamps may be fake wine.

(2) Identify tags. The authentic label has clear writing and good outlines; the fake wine label has blurred and irregular writing.

(3) Watch the wine. The genuine liquid is golden yellow and translucent; the fake liquid is dark and has poor luster.

(4) Identify the anti-counterfeiting cover. The metal anti-counterfeiting cap on the genuine bottle cap is integrated with the bottle cap, while the anti-counterfeiting cap on the fake wine is glued on. At the same time, the genuine metal anti-counterfeiting caps have strict workmanship, clean plastic sealing and good gloss; while the fake wine bottle caps have rough workmanship, poor plastic sealing material, thick thickness, poor gloss, blurred trademarks and poor three-dimensional effect.

(5) Record the anti-counterfeiting pattern. Wine anti-counterfeiting marks from various places can have different pattern changes at different angles, and the anti-counterfeiting thread can be torn off; the anti-counterfeiting marks of fake wine are dull, the pattern change is not obvious, and the anti-counterfeiting thread is printed on.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 140: Adulteration in products by producers and sellers , adulteration, passing off fake as genuine, passing off substandard product as good or passing off substandard product as qualified product, and the sales amount is more than 50,000 yuan but less than 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or separately be fined with the sales amount. A fine of not less than 50% but not more than two times of the sales amount shall be imposed; if the sales amount is not less than 200,000 yuan but not more 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 twice of 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 be fined not less than 50% but not more than twice the sales amount; if the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than 15 years. Imprisonment or life imprisonment, and a fine of not less than 50% but not more than twice the amount of sales, or confiscation of property.

"Criminal Law of the People's Republic of China"

Article 143 The production and sale of food that does not meet food safety standards is sufficient to cause serious food poisoning accidents or other Those who suffer serious foodborne diseases shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; those who cause serious harm to human health or have other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined; if the consequences are particularly serious , shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated.