The production of counterfeit cigarettes involves the crime of producing and selling fake and inferior products, the crime of counterfeiting registered trademarks, the crime of illegal manufacturing and selling illegally manufactured registered trademarks, and the crime of illegal business operations. The specific method of sentencing will be determined by the court based on the circumstances and involvement. Depends on local crime.

1. Anyone who sells counterfeit and inferior cigarettes, cigars and other tobacco specialty products with a sales amount of more than 50,000 yuan will be convicted and punished for the crime of producing and selling counterfeit and inferior products in accordance with the provisions of Article 140 of the Criminal Law.

2. If the same trademark as the registered trademark is used on cigarettes, cigars and other tobacco specialty products without the permission of the registered trademark owner of cigarettes, cigars and other tobacco specialty products, if the circumstances are serious, the person shall be punished according to Article 1 of the Criminal Law. According to the provisions of Article 213, the person shall be convicted and punished for the crime of counterfeiting a registered trademark.

3. Anyone who knowingly sells cigarettes, cigars and other tobacco specialty products that are counterfeiting other people’s registered trademarks, and the sales amount is relatively large, shall be punished for selling counterfeit registered trademarks in accordance with the provisions of Article 214 of the Criminal Law. Conviction and punishment for commodity crimes.

4. Anyone who forges or manufactures without authorization the registered trademarks of cigarettes or cigars of others, or sells the registered trademarks of cigarettes or cigars that have been forged or manufactured without authorization, if the circumstances are serious, shall be punished in accordance with Article 215 of the Criminal Law. It stipulates that people will be convicted and punished for the crime of illegally manufacturing and selling illegally manufactured registered trademarks.

5. Violate national tobacco monopoly management laws and regulations, without permission from the tobacco monopoly administrative department, without a tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, special tobacco monopoly business enterprise license, tobacco monopoly business license Monopoly retail license and other license certificates, illegal operation of tobacco monopoly products, if the circumstances are serious, shall be convicted and punished for the crime of illegal operation in accordance with the provisions of Article 225 of the Criminal Law.

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

1. The object of the infringement is the state’s management system for the quality of ordinary products;

2. Objective aspects 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. The criminal subjects are individuals and units;

4. The subjective aspect is intentional.

To sum up, the production and sale of counterfeit cigarettes will generally be convicted and punished as the crime of selling counterfeit and inferior products. The production of counterfeit cigarettes may also involve crimes such as counterfeiting registered trademarks, illegal manufacturing and selling illegally manufactured registered trademarks, and illegal business operations.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 140

Producers, If a seller adulterates or adulterates a product, 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, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. A fine of not less than 50% but not more than twice the sales amount shall be imposed concurrently or solely; if the sales amount is not less than 200,000 yuan but not more than 500,000 yuan, the person shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined 5% of the sales amount. A fine of not less than 10% but not more than twice the amount of sales; 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 more than 2 million yuan, If so, he shall be sentenced to fifteen years' imprisonment or life imprisonment, and shall also be fined not less than 50% but not more than twice the amount of the sales, or his property shall be confiscated.

Article 149

Producing and selling the products listed in Articles 141 to 148 of this section shall not constitute If the sales amount exceeds 50,000 yuan, the person shall be convicted and punished in accordance with the provisions of Article 140 of this section.

Producing and selling the products listed in Articles 141 to 148 of this section shall constitute the crimes specified in the respective articles, and shall also constitute the crime specified in Article 140 of this section. If the crime is committed as prescribed, the person shall be convicted and punished in accordance with the provisions of heavier punishment.

Article 150

If a unit commits the crimes specified in Articles 140 to 148 of this section, the unit shall be fined and the unit shall be fined. The person in charge who is directly responsible and other directly responsible personnel shall be punished in accordance with the provisions of the respective articles.