There are two possibilities for the punishment of being caught with counterfeit wine: First, if counterfeit wine imitates someone else's registered trademark, it may constitute the crime of counterfeiting registered trademark. The crime of counterfeiting a registered trademark refers to a serious act of using the same trademark on the same commodity without the permission of the registered trademark owner in violation of the national trademark management regulations. Sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting registered trademarks, and concurrently or solely fined: 2. If the counterfeit wine and wine do not meet the quality, it may have constituted the crime of producing counterfeit and shoddy products. 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. The definition of fake and shoddy products refers to those goods that contain one or more untrue factors that can lead to misunderstanding by the general public. Fake and shoddy goods can be divided into two types: counterfeit goods and inferior goods. Fake and shoddy goods are fake and shoddy material products, excluding spiritual products. It is characterized by unreal factors and social harm.

1. Counterfeit goods imitate the external characteristics of other similar products realistically when they are manufactured, or copy and sell products that have been protected by intellectual property rights without authorization, so as to impersonate other people's products. In the current market, it is mainly manifested in fraudulent use and forgery of other people's trademarks and signs; Fraudulent use of other people's unique name, packaging, decoration, factory name and address; Products that fraudulently use high-quality product quality certification marks and production license marks.

second, fake and inferior commodities refer to the commodities produced and distributed, which violate the provisions of the current laws and administrative regulations in China, and their quality and performance indicators fail to meet the requirements stipulated by the promulgated national standards, industry standards and local standards, or even products produced without standards. According to the definition of the General Administration of Quality Supervision, Inspection and Quarantine, a counterfeit product refers to the use of an untrue factory name, address, trademark, product name, product identification, etc., so that customers and consumers mistakenly think that the product is genuine. Fake and inferior products refer to products with poor quality or loss of performance. If you want to know more about how to punish the thief after he is arrested, you can communicate with the lawyer one-on-one online.