What is the crime of producing and selling counterfeit and shoddy products, and how should it be punished
1. What is the crime of producing and selling counterfeit and shoddy products? The crime of producing and selling counterfeit and shoddy products refers to the crime of selling Those who adulterate or adulterate products, pass off fake products as genuine products, pass off substandard products as good products, or pass off substandard products as qualified products, with a sales amount of more than 50,000 yuan. 1. The object of infringement is the state’s management system for ordinary product quality. Ordinary products refer to products other than drugs, food, medical equipment, electrical appliances and other products involving personal and property safety, pesticides, veterinary drugs, fertilizers, seeds, cosmetics and other products, except those otherwise stipulated in the criminal law. 2. Objective aspect: The objective aspect is the behavior of producers and sellers violating the country's product quality management laws and regulations and producing and selling fake and shoddy products. The standards for defining counterfeit and inferior products are stipulated in product quality regulations. The objective behavioral manifestations of the crime of producing and selling counterfeit and shoddy products can be specifically divided into the following four behaviors: (1) Adulteration and adulteration. This refers to the perpetrator's adulteration of impurities or counterfeit items during the production and sale of products. (2) Pretending to be false. This refers to the behavior of actors passing off counterfeit products as genuine products, which manifests as forging or using product quality certification certificates and certification marks to produce or sell such products. (3) Shoddy goods. This refers to the act of passing off defective and inferior products as genuine and high-quality products. (4) Substandard products are passed off as qualified products. According to the spirit of the law, the above four behaviors are selective behaviors, that is, if the perpetrator engages in any of the above four behaviors, it constitutes the crime of producing and selling counterfeit and inferior products. The fact that the amount of producing and selling counterfeit and shoddy products exceeds 50,000 yuan is objectively required to constitute the crime of producing and selling counterfeit and shoddy products. 3. Subject elements The subjects of the crime of producing and selling counterfeit and shoddy products are individuals and units, represented by two types of people: producers and sellers of products. The producer is the manufacturer of the product (including the processor of the product), and the seller is the seller of the product in bulk or in scattered quantities (including the direct seller of the product). Whether the producer or seller has a legal production license or business license does not affect the establishment of this crime. 4. Subjective aspect: The subjective aspect is intentional and generally has the purpose of illegal profit-making. The perpetrator's intention is to intentionally manufacture counterfeit products in the production field. There are two situations in the sales field: one is intentional adulteration or adulteration in the products being sold; the other is selling products knowingly knowing that they are fake and inferior products. 2. How to punish the crime of selling counterfeit and shoddy products? Article 140 of my country’s Criminal Law stipulates that anyone who commits the crime of producing and selling fake and shoddy products, and the sales amount is more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than 2 years or criminal detention, and shall also A fine of not less than 50 but not more than 2 times the sales amount shall be imposed or single; if the sales amount is not less than 200,000 yuan but not more than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years, and shall also be fined not less than 50 but not more than 2 times of the sales amount; if the sales amount is not less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years. If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than 7 years and a fine of not less than 50 but not more than 2 times the sales amount; if the sales amount is more than 2 million yuan, he shall be sentenced to 15 years' imprisonment or life imprisonment and shall also be fined 2 times the sales amount of more than 50 A fine of not more than 10 times or property confiscation may be imposed. The above is the answer to the question of what is the crime of selling counterfeit and shoddy products and how to punish the crime of selling fake and shoddy products. It can be seen that the criminal law’s punishment for the crime of selling counterfeit and shoddy products is determined based on the amount of the crime. The larger the amount involved, the more severe the penalty will be. Therefore, it is recommended that the parties and relatives hire a lawyer for defense as soon as possible, especially during the investigation stage, so as to better protect the rights and interests of the criminal suspect.
Extended reading: What is the crime of selling goods with counterfeit registered trademarks? Cases of the crime of selling goods with counterfeit registered trademarks Recommended lawyers for the crime of selling goods with counterfeit registered trademarks
How should the industrial and commercial authorities punish the sale of counterfeit and shoddy food
The Food Safety Law imposes heavy penalties
How the new Food Safety Law punishes counterfeit food!
The new "Food Safety Law" has relevant instructions on adulterated food (the content is as follows). In Article 124 of the regulations, there are clear requirements to confiscate illegal income and illegal production and operation. Food and food additives, and tools, equipment, raw materials and other items used in illegal production and operation can be confiscated; if the value of illegally produced and operated food and food additives is less than 10,000 yuan, a fine of not less than 50,000 yuan but not more than 100,000 yuan will be imposed. ; If the value of the goods exceeds 10,000 yuan, a fine of not less than ten times but not more than twenty times the value of the goods shall be imposed; if the circumstances are serious, the license shall be revoked. At the same time, you also need to refer to the relevant penalty system of the "Product Quality Law". I hope the answer will be helpful to the original poster!
How to punish counterfeit products
Penalties for producing and selling fake and shoddy products:
Article 140 of the Criminal Law Producers and sellers adulterate products , Adulteration, passing off a fake product as a genuine one, passing off a substandard product as a good product, or passing off a substandard product as a qualified product, with 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 separately be fined with the sales amount. A fine of not less than 50% but not more than two times of the sales amount shall be imposed; if the sales amount is not less than 200,000 yuan but not more than 500,000 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 50% but not more than twice of the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall be fined not less than 50% but not more than twice the sales amount; if the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than 15 years. Imprisonment or life imprisonment, and a fine of not less than 50% but not more than two times of the sales amount, or confiscation of property.
Article 141 Whoever produces and sells counterfeit medicines that seriously endangers human health shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined not less than 50% of the sales amount but not more than 20%. A fine of not less than 50% of the sales amount and a fine of not less than 50% of the sales amount but not more than 20% of the sales amount; if it causes serious harm to human health, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; if it causes death or causes particularly serious harm to human health, The person shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and shall also be fined not less than 50% but not more than twice the amount of sales, or have property confiscated.
The term counterfeit drugs in this article refers to drugs and non-drugs that are counterfeit drugs and treated as counterfeit drugs in accordance with the provisions of the Drug Administration Law of the People's Republic of China.
Article 142 Whoever produces or sells inferior drugs that causes serious harm to human health shall be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50% of the sales amount and twice the amount The following fines shall be imposed; if the consequences are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50% but not more than twice the amount of sales, or have property confiscated.
The term "substandard drugs" as mentioned in this article refers to drugs that are inferior drugs in accordance with the provisions of the "Drug Administration Law of the People's Republic of China".
Article 143 Whoever produces or sells food that does not meet hygienic standards, which is enough to cause serious food poisoning accidents or other serious food-borne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to Or a single fine of not less than 50% but not more than twice the sales amount shall be imposed; if it causes serious harm to human health, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 50% but not more than twice the amount of the sales amount; Consequences If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined not less than 50% but not more than twice the sales amount, or property shall be confiscated.
Article 144 Whoever mixes toxic or harmful non-food raw materials into the food produced or sold, or sells food that is knowingly mixed with toxic or harmful non-food raw materials, shall be punished with a five-year fine. Fixed-term imprisonment of not more than 10 years or criminal detention, and concurrently or solely a fine of not less than 50% but not more than twice the amount of sales; whoever causes serious food poisoning accidents or other serious food-borne diseases and causes serious harm to human health shall be sentenced to not less than five years in prison. Fixed-term imprisonment of not more than ten years, and a fine of not less than 50% but not more than twice the amount of sales; if it causes death or particularly serious harm to human health, the person shall be punished in accordance with the provisions of Article 141 of this Law.
Article 145: Produce medical devices and medical and hygienic materials that do not comply with national standards and industry standards for protecting human health, or sell medical devices that are knowingly inconsistent with national standards and industry standards for protecting human health. Medical devices and medical and sanitary materials that are serious enough to endanger human health shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined not less than 50% but not more than twice the sales amount; if they cause serious harm to human health, they shall be sentenced to not less than three years in prison If the consequences are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall be fined not less than 50% but not more than twice the sales amount. or confiscation of property.
Article 146: Produce electrical appliances, pressure vessels, flammable and explosive products that do not comply with national standards and industry standards for protecting personal and property safety, or other products that do not comply with national standards for protecting personal and property safety. Standards or industry standard products, or those who knowingly sell products that do not meet the national standards or industry standards for protecting personal and property safety, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years and a fine of not less than 50% of the sales amount. A fine of not more than two times; if the consequences are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than five years and a fine of not less than 50% but not more than twice of the sales amount.
Article 147: Produce fake pesticides, fake veterinary drugs, fake fertilizers, sell pesticides that are knowingly fake or have lost their effectiveness...gt;gt;
What are the penalties for selling counterfeit food
You will be jailed and fined a lot. Now the country is strictly regulating food safety. I am not going to lie to you. I am a student majoring in food safety and I still understand these things. You want to eat fake food, your parents, wife and children want to eat fake food. Other people are people too.
How does the new "Food Safety Law" punish the sale of "counterfeit or expired food"
The new Food Safety Law increases the punishment for the sale of expired and counterfeit products by ten times. The penalty is increased to ten to twenty times the penalty.
Article 124. If any violation of the provisions of this Law occurs under any of the following circumstances, which does not constitute a crime, the illegal income and illegal production shall be confiscated by the People's Government Food and Drug Administration Department at or above the county level. For food and food additives sold illegally, tools, equipment, raw materials and other items used in illegal production and operation may be confiscated; if the value of food or food additives illegally produced and sold is less than RMB 10,000, a fine of not less than RMB 50,000 and RMB 100,000 shall be imposed. The following fines shall be imposed; if the value of the goods exceeds 10,000 yuan, a fine of not less than ten times but not more than twenty times the value of the goods shall be imposed; if the circumstances are serious, the license shall be revoked:
(1) Production and operation of pathogenic microorganisms , food and food additives whose content of pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants, as well as other substances harmful to human health, exceeds food safety standards***;
(2) Using food that has exceeded its shelf life Producing food and food additives from raw materials and food additives, or operating the above-mentioned food and food additives;
(3) Producing and operating food that exceeds the scope of use of food additives;
(4) Production and operation of food and food additives that are spoiled, rancid, moldy, insect-infested, dirty, mixed with foreign matter, adulterated or with abnormal sensory properties;
(5) Production and operation Foods and food additives with false production dates, shelf life or expired shelf life;
(6) Production and operation of health foods, formula foods for special medical purposes, infant formula milk powder that are not registered in accordance with regulations, or are not registered in accordance with regulations Organize production according to the registered product formula, production process and other technical requirements;
(7) Produce infant formula milk powder in separate packages, or the same enterprise produces different brands of infant formula milk powder with the same formula;
(8) Using new food raw materials to produce food, or producing new varieties of food additives, which fail to pass the safety assessment; Even after the department ordered it to recall or stop operations, it still refused to recall or stop operations.
In addition to the circumstances specified in the preceding paragraph and Articles 123 and 125 of this Law, the production and operation of food and food additives that do not comply with laws, regulations or food safety standards , shall be punished in accordance with the provisions of the preceding paragraph.
Those who produce new varieties of food-related products that fail to pass the safety assessment, or produce food-related products that do not meet food safety standards, shall be given a license by the quality supervision department of the people's government at or above the county level in accordance with the provisions of the first paragraph. punishment.
What are the penalties for sellers of unqualified and counterfeit brand-name food?
Article 84 of Chapter 9 of the "Food Safety Law" violates the provisions of this law and engages in food production and business activities without a license. Or if food additives are produced without permission, the relevant competent departments shall confiscate illegal income, illegally produced and operated food, food additives, and tools, equipment, raw materials and other items used for illegal production and operation according to their respective division of responsibilities; illegally produced and operated food . If the value of food additives is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall be imposed; if the value of food additives exceeds 10,000 yuan, a fine of not less than five times but not more than ten times of the value of the goods shall be imposed.
Article 85 In case of violation of the provisions of this Law and any of the following circumstances, the relevant competent departments shall, in accordance with their respective division of responsibilities, confiscate illegal income, food produced and operated illegally, and tools, equipment, raw materials and other items used for illegal production and operation; If the value of illegally produced and traded food is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall be imposed; if the value of the food exceeds 10,000 yuan, a fine of not less than five times but not more than ten times the value shall be imposed; if the circumstances are serious, If any, the license will be revoked: (1) Using non-food raw materials to produce food or adding chemical substances other than food additives and other substances that may harm human health to food, or using recycled food as raw materials to produce food; (2) Production and operation causing Foods containing pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health that exceed food safety standards***; (3) Production and operation of foods whose nutritional components do not meet food safety standards and are intended for infants and young children Other staple and supplementary foods for specific groups of people; (4) Dealing in food that is spoiled, rancid, moldy, insect-infested, dirty, mixed with foreign matter, adulterated or with abnormal sensory properties; (5) Dealing in food that kills people with diseases or poisons or the meat of poultry, livestock, beasts, or aquatic animals whose cause of death is unknown, or the production and operation of meat products of poultry, livestock, beasts, or aquatic animals that died of illness, poisoning, or the cause of death of which is unknown; (6) The business has not been quarantined by the animal health supervision agency or meat that has failed to pass quarantine, or meat products that have not been inspected or failed to pass inspection; (7) Food that has exceeded the shelf life; (8) Food that is prohibited from production and operation by the country that produces and operates it for special needs such as disease prevention ; (9) Using new food raw materials to engage in food production or engaging in the production of new varieties of food additives or new varieties of food-related products without safety assessment; (10) Food producers and traders fail to recall or cease operations when ordered by the relevant competent authorities. Even after the food meets the food safety standards, it still refuses to recall or ceases operations. Article 86 In case of violation of the provisions of this Law and any of the following circumstances, the relevant competent departments shall confiscate illegal income, illegally produced and operated food, and tools, equipment, raw materials and other items used for illegal production and operation according to their respective division of responsibilities; If the value of the food illegally produced and traded is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall be imposed; if the value of the food exceeds 10,000 yuan, a fine of not less than two times but not more than five times the value of the food shall be imposed; if the circumstances are serious, If any, the company shall be ordered to suspend production and business until the license is revoked: (1) Operating food contaminated by packaging materials, containers, transportation vehicles, etc.; (2) Producing and operating unlabeled prepackaged foods, food additives, or labels and instructions that do not comply with this Law Regulations on food and food additives; (3) Food producers purchase and use food raw materials, food additives, and food-related products that do not meet food safety standards; (4) Food producers and operators add drugs to food. Article 87 Anyone who violates the provisions of this Law and falls under any of the following circumstances shall be ordered to make corrections and given a warning by the relevant competent departments in accordance with their respective division of responsibilities; those who refuse to make corrections shall be fined not less than RMB 2,000 but not more than RMB 20,000; if the circumstances are serious, If any, the company shall be ordered to suspend production and business until the license is revoked: (1) Failure to inspect the purchased food raw materials and produced food, food additives, and food-related products; (2) Failure to establish and comply with the inspection record system and factory inspection record system; (3) Failure to prepare food safety enterprise standards in accordance with the provisions of this Law; (4) Failure to store and sell food or clean up food inventory in accordance with regulations; (5) Failure to inspect licenses and relevant certification documents when purchasing goods; (6) Production The labels and instructions of food and food additives involve disease prevention and treatment functions; (7) Arranging for persons suffering from diseases listed in Article 34 of this Law to engage in work that comes into contact with directly imported food. Article 88 In violation of the provisions of this Law, the accident unit failed to deal with and report the food safety accident after it occurred...gt;gt;
What are the national laws and regulations for punishing counterfeit and shoddy food? ?
Among the crimes of producing and selling counterfeit and substandard products in the field of criminal law are the crimes of producing and selling toxic and harmful food.
In the field of civil law, there are provisions on product infringement liability in the Tort Liability Law
In the field of economic law, there are punitive provisions of the Consumer Rights Protection Law that impose ten times the penalty on manufacturers and sellers. Thank you for accepting! How to punish the crime of producing counterfeit and shoddy goods