The penalty standards for selling counterfeit cigarettes are as follows:

1. Producers and sellers adulterate or adulterate their products, pass off fake products as genuine products, pass off substandard products as good products, or pass them off as substandard products. Anyone who passes off a product as a qualified product and has 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 solely be fined not less than 50% but not more than twice the sales amount;

< p>2. Anyone with a sales amount of more than 200,000 yuan but less than 500,000 yuan 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 twice the sales amount;

3. Anyone with a sales amount of more than 500,000 yuan but less than 2 million yuan 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;

4. Sales amount 2 If the amount exceeds one million yuan, the person 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 have property confiscated.

The constituent elements of the crime of producing and selling counterfeit and inferior products are:

1. Object elements. The object of the crime of producing and selling counterfeit and inferior products is the state's management system for the quality of ordinary products;

2. Objective elements. It manifests itself as the behavior of producers and sellers violating the country's product quality management laws and regulations by producing and selling fake and shoddy products;

3. Subject requirements. The criminal subjects are individuals and units, represented by two types of people: producers and sellers of products;

4. Subjective elements. It is intentional and generally has the purpose of illegal profit-making.

To sum up, the legal liability for selling counterfeit cigarettes is determined based on the specific amount. When the perpetrator intentionally manufactures and sells counterfeit and inferior products, and the sales amount reaches more than 50,000 yuan as stipulated by law, a crime is committed.

Legal basis:

Article 58 of the "Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China"

Violation of Article 20 of these Regulations Article 5 and Paragraph 1 of Article 38 stipulate that anyone who sells illegally produced tobacco monopoly products shall be ordered by the tobacco monopoly administrative department to stop the sales, the illegal gains shall be confiscated, and a fine of not less than 20% but not more than 50% of the total illegal sales shall be imposed, and Illegally sold tobacco products are publicly destroyed.

Article 33

Whoever produces or sells cigarettes, cigars, or packaged tobacco without a registered trademark shall be ordered by the industrial and commercial administration department to stop production and sales, and shall be punished payment.

Whoever produces or sells tobacco products that counterfeit other people’s registered trademarks shall be ordered by the industrial and commercial administration department to stop the infringement, compensate the infringer for losses, and may also be fined; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 35 If the reselling of tobacco monopoly products constitutes a crime, criminal liability shall be investigated in accordance with the law; if the circumstances are minor and do not constitute a crime, the industrial and commercial administrative department shall confiscate the resold tobacco monopoly products and illegal gains, and may impose a fine.

If staff members of tobacco monopoly administrative departments and tobacco companies take advantage of their positions to commit the crime in the preceding paragraph, they shall be severely punished in accordance with the law.