The specific crime committed by the criminal suspect needs to be judged by the tobacco quality inspection station designated by the product quality supervision and administration department of the State Council and the product quality supervision and administration department of the people's government at or above the provincial level. In China's criminal cases involving tobacco, the most common cases involving tobacco through the Internet are mainly the following two situations (excluding the crime of smuggling goods and articles):

I. Crime of selling goods with counterfeit registered trademarks

The actor sells goods that he knows are counterfeit registered trademarks, and the sales amount is more than 50 thousand yuan; Or it has not been sold, and the value of the goods is more than150,000 yuan; Or the sales amount is less than 50,000 yuan, but the total amount of sold goods and the value of unsold goods is more than 150,000 yuan. According to Article 214 of the Criminal Law of People's Republic of China (PRC) (Law), Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products (Law Interpretation [2010] No.7), and Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Public Security Organs to Jurisdicte Criminal Cases (II). He shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Second, the crime of illegal business operation

Without the permission of national laws, the perpetrator deals in genuine cigarettes without authorization, and the amount of illegal business is more than 250,000 yuan, or the amount of illegal income is more than100,000 yuan; Or illegally dealing in/kloc-more than 0.00 million cigarettes, etc. According to the first paragraph of Article 225 of the Criminal Law of People's Republic of China (PRC), the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products (Fa Shi [2010] No.7), Article 3, Paragraph 2, Items 1 and 2, and other laws and judicatures. He shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated.

Third, defense and agency.

In accordance with the provisions of Articles 33 and 34 of the Criminal Procedure Law of People's Republic of China (PRC) (Law), it is suggested that criminal suspects or their close relatives entrust criminal lawyers as criminal defenders of criminal suspects and defendants. If a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, his close relatives may apply to a legal aid institution for legal aid.