Whoever produces fake wine, if the sales amount is more than 50,000 yuan but less than 500,000 yuan, constitutes the crime of producing and selling fake and inferior products, and the perpetrator shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount.
If the sales amount exceeds the above range, the following penalties shall be given according to the sales amount:
1. If the sales amount reaches 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;
2. If the sales amount reaches more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years and fined more than 50% but less than two times the sales amount;
3. If the sales amount reaches more than 2 million yuan, he shall be sentenced to 15 years' fixed-term imprisonment or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount, or his property shall be confiscated.
What are the constitutive elements of the crime of producing and selling fake and inferior products?
1 object. The object of infringement is the national management system for the quality of ordinary products;
2. objectively. Objectively speaking, producers and sellers produce and sell fake and inferior products in violation of national laws and regulations on product quality management;
3. Main elements. The subject of crime is individuals and units, which are producers and sellers of products. Whether the producer or seller has a legal production license or business license does not affect the establishment of the crime of producing and selling fake and inferior products;
4. Subjective aspects. Subjectively, it is intentional and generally has the purpose of illegal profit. The actor's intention is to deliberately manufacture fake and inferior products in the production field.
To sum up, it is Bian Xiao's relevant answer on how to convict the production of fake wine, hoping to help you.
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 more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.