selling less than 5, fake wines by individuals is a crime of selling fake and shoddy goods. The Industrial and Commercial Bureau can order them to stop selling, confiscate the illegally sold products, and impose a fine of more than 5% but less than three times the value of the products. If there are illegal gains, the illegal gains will be confiscated, and if the circumstances are serious, the business license will be revoked.
the crime of producing and selling fake and inferior commodities refers to a criminal act that, for the purpose of making illegal profits, violates the national product quality management regulations, produces and sells fake and inferior commodities, seriously damages the interests of users and consumers, and endangers the order of socialist market economy, and should be punished by criminal law. If it constitutes the crime of selling fake and inferior products, if the sales amount is more than 5, yuan but less than 2, yuan, the court shall generally be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or only be fined not less than 5% but not more than two times the sales amount.
punishment standard for selling fake wine without knowledge
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 a deliberate crime. If you don't know that it is fake wine, it will not constitute a criminal offence, so the parties should prove that they don't know, so that they can be exempted from criminal punishment.
methods of proving ignorance:
1. prove that the source of the purchased wine is legal, for example, the purchased wine was purchased through formal channels, and provide purchase documents, invoices, etc.
2. prove that you are also a victim of fake wine, for example, prove that the packaging and properties of fake wine are very similar to real wine, and that your own purchase channel is legal, and that the channel dealer sells fake wine to yourself.
knowingly selling fake wine is not an intentional act, so it is not necessary to bear criminal responsibility. The seller is also a victim. The parties who unknowingly sell fake wine can actively cooperate with the investigation of the public security organs, provide information on the purchase channels, and help the public security organs solve the case.
Legal basis:
Article 14 of the Criminal Law
Producers and sellers who adulterate their products, pass off fake products as genuine ones, pass off substandard products as qualified products, and the sales amount is more than 5, yuan but less than 2, 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 5% but not more than two times the sales amount; If the sales amount is more than 2, yuan but less than 5, 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 5% but not more than two times the sales amount; If the sales amount is more than 5, 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 5% 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 5% but less than 2 times the sales amount or his property shall be confiscated.