How to be sentenced for selling counterfeit wine

The illegal sale of counterfeit wine violates the crime of producing and selling counterfeit and inferior products in Articles 140 and 143 of the Criminal Law. For the crime of producing and selling food that does not meet safety standards, the sentence shall be 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.

The specific legal provisions are as follows:

Article 140 of the "Criminal Law of the People's Republic of China" prohibits the crime of producing and selling counterfeit and inferior products. Anyone who mixes, adulterates, passes off a fake product as a genuine product, passes off a substandard product as a good product, or passes off a substandard product as a qualified product, and the sales amount is 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 separately be fined with the sales fine. A fine of not less than 50% but not more than twice the amount;

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 % of the sales amount. A fine of not less than 50% but not more than two times of the sales amount; if the sales amount is not less than 500,000 yuan but not more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and a fine of not less than 50% but not more than twice the sales amount; if the sales amount is not less than 2 million yuan Anyone who commits more than 15 years shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined not less than 50% but not more than twice the amount of sales, or have property confiscated.

Article 143: Producing and selling food that does not meet safety standards is a crime. Producing or selling food that does not meet food safety standards is enough to cause serious food poisoning accidents or other serious food-borne diseases. 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, they 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, they shall be sentenced to fixed-term imprisonment of not less than seven years and not less than seven years. Imprisonment or life imprisonment, and a fine or confiscation of property.

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Counterfeit wines mainly include two categories:

1. Small wineries counterfeit famous wines in order to achieve sales. Counterfeit wine mainly occurs in big cities or urban areas;

2. Bending industrial alcohol into edible liquor for sale mainly occurs in rural areas. Industrial alcohol contains methanol, and methanol is a highly toxic substance. Drinking 4 to 6 grams will cause blindness, and more than 10 grams can cause death. The chemical and physical properties of methanol, especially the smell, taste, specific gravity, etc. are similar to those of ethanol, and it is difficult to distinguish them by sensory identification alone. Will there be a prison sentence for selling counterfeit wine?

Definitely yes, depending on the quantity and whether someone drinks it and has any adverse consequences. Generally, how long will the sentence for counterfeiting and selling counterfeit wine be?

Counterfeiting and selling counterfeit wine may constitute two crimes. The first is , if the counterfeit wine uses someone else's trademark, it may be a crime of counterfeiting a registered trademark; if it does not use someone else's trademark, it is a crime of selling fake and shoddy goods. The former, according to Article 213 of the Criminal Law, if the circumstances are serious, shall be punished by a sentence of not more than three years. Fixed-term imprisonment or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. The latter, if the sales amount is 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 solely be fined not less than 50% but not more than twice the sales amount; if the sales amount is more than 200,000 yuan but not more than 200,000 yuan, If the sales amount is more than 500,000 yuan and less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall be fined not less than 50% but not more than twice the sales amount; Imprisonment, and a fine of 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 15 years in prison or life imprisonment, and a fine not less than 50% but not more than twice the sales amount. or confiscation of property.

How will the court determine the sentence for selling counterfeit wine for an amount of 55,000 yuan?

1. Selling counterfeit wine for an amount of 55,000 yuan is suspected of constituting the crime of selling counterfeit and inferior products. The sales amount is 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 solely be fined not less than 50% but not more than twice the amount of sales. The specific sentencing shall be determined by the court in accordance with the law.

2. Relevant provisions: "Criminal Law"

Article 140 Producers and sellers adulterate or adulterate products, pass off fake products as genuine products, and pass off inferior products as good products. Anyone who passes off a substandard product as a qualified product and the sales amount is 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 solely be fined not less than 50% but not more than twice the sales amount; If the 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 of the sales amount; if the sales amount is more than 500,000 yuan but not more than 2 million yuan, If the sales amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and a fine of not less than 50% but not more than twice the sales amount; if the sales amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than 15 years or life imprisonment and shall also be fined 50% of the sales amount. A fine of not less than fifty but not more than two times or property confiscation. How many years will he be sentenced if he is sentenced to selling counterfeit wine worth NT$400,000?

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

2. If the wine is The fake ones are made by blending alcohol and water. Their behavior seriously endangers food safety and poses a threat to public health, which constitutes the crime of selling fake and inferior products

3. Legal basis: "Criminal Law" Second Article 114. The crime of selling goods with counterfeit registered trademarks. Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the sales amount is huge, A person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined

Article 140 of the Criminal Law: Producing and selling counterfeit and inferior products. Producers and sellers adulterate or adulterate their products. Whoever passes off a fake product as genuine, a substandard product as a good product, or a substandard product as a qualified product, and the sales amount is 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 solely be fined 50% of the sales amount. A fine of not less than 200,000 yuan but not more than 500,000 yuan 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 a fine of not less than 50% but not more than twice the sales amount; if the sales amount is 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and a fine of 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 or life imprisonment. In addition, a fine of not less than 50% but not more than two times of the sales amount may be imposed, or property may be confiscated. Can a person sentenced for selling counterfeit alcohol be paroled?

According to legal regulations, parole can be applied for as long as the person has served more than half of his sentence and it is not a vicious and violent crime. However, in the current execution of sentences, it is difficult to be approved as long as the illness is not life-threatening.

Relevant provisions: Article 81 of the Criminal Law applies to criminals who are sentenced to fixed-term imprisonment and shall serve more than half of the original sentence; criminals who are sentenced to life imprisonment shall actually serve 13 If the prisoner is over 20 years old and conscientiously abides by prison rules, accepts education and reform, shows true repentance, and is not in danger of committing another crime, he may be paroled. If there are special circumstances, with the approval of the Supreme People's Court, the above restrictions on the execution of the sentence may not be required.

For recidivists and criminals who have been sentenced to fixed-term imprisonment of more than ten years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, placing dangerous substances or organized violent crimes, No parole.

When deciding to parole a criminal, the impact on the community where he or she lives after parole should be considered.

How to be sentenced for selling counterfeit drugs

The crime of producing and selling fake and inferior products refers to producers and sellers intentionally adulterating, adulterating, passing off substandard products as good, passing off fake products as genuine, or passing off substandard products as qualified products. , acts with a sales amount of more than 50,000 yuan.

Anyone who commits the crime stipulated in this article shall be criminally liable according to the sales amount: l. If the sales amount is more than 50,000 yuan and less than 200,000 yuan, he shall be sentenced to two years in prison. The following fixed-term imprisonment or criminal detention, and concurrently or solely a fine of not less than 50% but not more than twice the sales amount; 2. 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, A fine of not less than 50% but not more than twice the sales amount shall be imposed; 3. If the sales amount is not less than 500,000 yuan but not more 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 twice the sales amount. 4. If the sales amount exceeds 2 million yuan, he shall be sentenced to 15 years' imprisonment or life imprisonment, and shall also be fined not less than 50% but not more than twice the sales amount, or his property shall be confiscated. My brother was caught selling counterfeit wine before. I would like to ask what the sentence will be.

What will be the sentence for making counterfeit wine? At least 2 years. And it also depends on how much the counterfeit wine case is worth. There is no legal way. At the very least, you need to hire a lawyer to apply for bail pending trial. If the case involves a large amount, you will not be able to get bail. How to be sentenced for selling counterfeit Viagra

1. Those suspected of selling counterfeit drugs may 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 three years' imprisonment" to a fixed-term imprisonment of not less than 10 years but not more than 10 years, and shall also be fined; if it causes death or there are other particularly serious circumstances, the person shall be sentenced to a fixed-term imprisonment of not less than 10 years, not more than 10 years, or to death, and shall also be fined or have property confiscated."

2 . Sentencing issues: Determined based on whether a crime is constituted, comprehensive consideration of factors such as criminal motive, subjective malignancy, social harm, whether a recidivist, surrender, attitude of meritorious service and plea of ??guilty, whether there are mitigating or mitigating circumstances, and whether it meets the constituent elements of the crime. How to be sentenced for selling counterfeit drugs? A small amount can be sentenced

Article 141 of the Criminal Law: Producing and selling counterfeit drugs. Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be punished. If it causes serious harm to human health or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if it causes death or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years and not more than ten years, and shall also be fined; Death penalty, fine or confiscation of property.