In the real society, everyone knows that it is illegal to sell counterfeit and shoddy products. In serious cases, it may even constitute a crime, in which case you will be legally responsible. Faced with such a situation, does it constitute a criminal offense to sell counterfeit wine? Let me answer the relevant content for you below.

1. Whether selling counterfeit wine constitutes a criminal offense. Selling counterfeit wine may constitute two crimes. First, if the counterfeit wine uses someone else’s trademark, it may be a crime of counterfeiting a registered trademark. If no other person’s trademark is used, it may be a crime. , is the crime of selling counterfeit and inferior goods. The former, according to Article 213 of the Criminal Law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, shall be sentenced to more than three years. A prison term of not more than seven years and a fine. The latter, if 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 two years or criminal detention, and shall also or solely be fined not less than 50% but not more than two times of the sales amount; if the sales amount is more than 200,000 yuan, If the sales amount is less 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 be fined not less than 50% but not more than twice the sales amount; if the sales amount is not less than 500,000 yuan but less than 2 million yuan, he shall be sentenced to not less than seven years in prison. Fixed-term imprisonment and a fine of not less than 50% and not more than twice the sales amount; if the sales amount is more than 2 million yuan, the person shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment and a fine of not less than 50% but not more than twice the sales amount. Fines or confiscation of property.

2. How can consumers compensate for buying fake beer? According to relevant laws, consumers can claim compensation from the seller after confirming that they have bought fake beer. If the seller determines that the producer is responsible, he or she can also seek compensation from the producer. If consumers suffer certain damage due to counterfeit wine, consumers can ask for compensation from the seller or producer. After the seller and producer determine who is responsible, both parties will have the right to recover from the other party. At the same time, according to my country's consumer law, merchants who know that they sell fake products will "refund one and compensate three". If there is any ambiguity between consumers and sellers, they can safeguard their rights and interests through consumer association mediation, application for arbitration, and filing a lawsuit with the People's Court. Regarding the amount of compensation that consumers should claim, Chinese law stipulates that in addition to seeking compensation for losses from the relevant responsible persons, consumers can also claim compensation from them. The compensation is generally three times the amount of the loss, and the maximum cannot exceed 10% of the selling price. times, and the minimum compensation can be one thousand yuan. The "Consumer Rights and Interests Protection Law" is for the consumption of ordinary commodities. Its compensation measure is to refund one and compensate three. The "Food Safety Law" stipulates "a penalty of ten for every fake". Of course, wine is also considered a type of food. Therefore, consumers can choose the applicable law according to their own needs. It should also be noted that when buying fake wine, you must keep the original evidence. It is best to write the wine number on the invoice to avoid the merchant denying that the bottle of wine was sold from him. When necessary, merchants should also be allowed to stamp their official seal on the invoice, so that consumers will be more convincing when complaining to relevant departments. We can understand that according to regulations, counterfeiting and selling counterfeit wine may constitute two crimes, such as the crime of counterfeiting trademarks, and selling counterfeit wine. These are both illegal acts and subject to punishment. I hope everyone can understand.