Judicial Interpretation of the Crime of Illegally Dealing in Tobacco Products According to the relevant provisions 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 Producing and Selling Fake and Inferior Commodities, the sales amount refers to all the illegal gains that producers and sellers get and deserve after selling fake and inferior tobacco products. If the fake and inferior tobacco products have not been sold, and the value of the goods is more than three times (150,000 yuan) of the sales amount stipulated in Article 140 of the Criminal Law, they shall be convicted and punished for the crime of producing and selling fake and inferior products (attempted). Calculate the value of the goods at the marked price of the illegally produced and sold fake and inferior products; If the price is not indicated, it shall be calculated according to the intermediate market price of similar qualified products. If it is difficult to determine the value of the goods, it shall entrust a designated appraisal institution for appraisal in accordance with the provisions of the Administrative Measures for the Appraisal of Seizure, Recovery and Confiscation of Goods jointly issued by the State Planning Commission, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on April 22nd. Those who have not yet sold fake and inferior tobacco products, and the value of the goods reaches more than 150,000 yuan but less than 200,000 yuan, more than 200,000 yuan but less than 500,000 yuan, more than 500,000 yuan and less than 2 million yuan respectively, shall be convicted and punished in accordance with the sentencing grade stipulated in Article 140 of the Criminal Law. If the amount of selling fake and inferior tobacco products is less than 50 thousand yuan, but the total value with unsold fake and inferior tobacco products reaches more than 150 thousand yuan, it will be convicted and punished for the crime of producing and selling fake and inferior products (attempted). The fake and shoddy tobacco products have not been sold, so it is impossible to calculate the value of the goods. Under any of the following circumstances, he shall be convicted and punished for the crime of producing and selling fake and inferior products (attempted): 1, the quantity of cut tobacco used for producing fake and inferior cigarettes is more than 1000 kg; 2, the production of fake and shoddy tobacco leaves in the number of more than 65438 0500 kg. (II) Conviction and Punishment of Illegal Production, Assembly and Sale of Special Tobacco Machinery Whoever illegally produces, assembles and sells special tobacco machinery shall be investigated for criminal responsibility for the crime of producing and selling fake and inferior products in accordance with the provisions of Article 140 of the Criminal Law. Second, about the "knowing" problem in the act of selling tobacco products that are knowingly counterfeit registered trademarks According to the provisions of Article 214 of the Criminal Law, selling tobacco products that are knowingly counterfeit registered trademarks, if the sales amount is large, constitutes the crime of selling goods with counterfeit registered trademarks. "Know" means to know or should know. In any of the following circumstances, it can be considered as "knowing": 1, buying goods at a price significantly lower than the market price; 2. Selling at a price significantly lower than the market; 3, the sale of counterfeit registered trademarks of tobacco products is found after the transfer, destruction of physical evidence or provide false certificates, false information; 4. Other circumstances that can be identified as knowing. 3. Legal issues concerning illegal trading in tobacco products: those who produce, wholesale or retail tobacco products without the permission of the department of tobacco monopoly administration and without the production license, wholesale license or retail license shall be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law: 1, where the amount of illegal business by individuals is more than 50,000 yuan, or the amount of illegal income is more than 10,000 yuan; 2. The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than100,000 yuan; 3. Being subject to administrative punishment for illegal operation of tobacco products for more than two times and the amount of illegal operation is more than 20,000 yuan; Four. Regarding * * * who knows or should know that others commit the criminal acts specified in Articles 1 to 3 of this Summary, but still commits one of the following acts, it shall be deemed as * * * and shall be investigated for criminal responsibility according to law: 1, directly involved in the production and sale of counterfeit and shoddy tobacco products or tobacco products with counterfeit cigarette registered trademarks, or directly involved in the illegal operation of tobacco products and played a major role in it; 2 to provide housing, venues, equipment, vehicles, loans, funds, account numbers, invoices, certificates, technology and other facilities and conditions. Helping to produce, sell, store and transport fake and shoddy tobacco products and illegally dealing in tobacco products; 3. Transport fake and shoddy tobacco products. Among the above-mentioned personnel, those who report other people's crimes are verified by investigation, or who provide important clues and have rendered meritorious service may be given a lighter or mitigated punishment; Those who have made significant meritorious service may be mitigated or exempted from punishment. V. Punishment of State functionaries who participate in the criminal acts specified in Articles 1 to 3 of this Summary According to 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 Producing and Selling Fake and Inferior Commodities, State functionaries who participate in the criminal acts specified in Articles 1 to 3 of this Summary shall be given a heavier punishment. 6. On the issue of multiple crimes for one crime, if the perpetrator's criminal acts simultaneously constitute crimes such as producing and selling fake and inferior products, selling goods with counterfeit registered trademarks, and illegal business operations, he shall be convicted and punished in accordance with the provisions of heavier punishment. Seven. Whoever knowingly conceals or transfers tobacco products that are illegally manufactured and sold shall be convicted and punished for the crime of concealing or transferring stolen goods in accordance with the provisions of Article 312 of the Criminal Law. Eight. Conviction and punishment for obstructing tobacco monopoly law enforcement officers from performing their duties according to law by violence or threat; Whoever obstructs tobacco monopoly law enforcement officers from performing their duties according to law by violence or threats shall be convicted and punished for obstructing official duties in accordance with the provisions of Article 277 of the Criminal Law. Nine. Regarding the conviction and punishment of inciting people to violently resist the implementation of the tobacco monopoly law, whoever incites people to violently resist the implementation of the tobacco monopoly law shall be convicted and punished for the crime of inciting people to violently resist the implementation of the tobacco monopoly law in accordance with the provisions of Article 278 of the Criminal Law. Ten, on the identification of fake and shoddy tobacco products, authorized by the State Department of tobacco monopoly administration at or above the provincial level tobacco products quality supervision and inspection institutions, in accordance with the relevant provisions of the State Tobacco Monopoly Bureau to develop fake and shoddy cigarette identification and inspection management measures and fake and shoddy cigarette identification and inspection procedures. The identification of fake and shoddy tobacco special machinery shall be carried out by the national quality supervision department or the national tobacco quality supervision and inspection center entrusted by it according to the relevant technical standards of the tobacco industry.

Legal objectivity:

Article 225 of the Criminal Law Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or 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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business 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.