This depends on the specific situation. If it is an illegal act and does not constitute a crime: only administrative detention will be given. The administrative detention can be up to 15 days, and the combined fine will not exceed 20 days. This will be determined in the administrative penalty decision. When the detention period expires, you can be released from the detention center. The specific requirements depend on the complexity of the case. If the case is complex, such as multiple people committing the crime, a gang committing the crime, etc., then the public security investigation period will be correspondingly longer. Selling counterfeit wine may constitute the crime of selling goods with counterfeit registered trademarks. If the sales amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
Criminal liability for selling counterfeit wine: If it constitutes the crime of selling counterfeit and shoddy products, and the sales amount reaches 50,000 to 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be fined; the sales amount If the sales amount reaches 200,000 to 500,000 yuan, he shall be sentenced to fixed-term imprisonment of two to seven years and shall also be fined; if the sales amount reaches 50 to 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall be fined. The lightest sentencing is if 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, and shall also or solely be fined not less than 50% but not more than twice the sales amount. If the counterfeit wine sold causes serious food poisoning accidents or other serious food-borne diseases, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
How to identify fake wine?
1. Look at the anti-counterfeiting label of the wine. The genuine anti-counterfeiting mark can have different pattern changes at different angles, and the anti-counterfeiting thread can be torn off; the anti-counterfeiting mark of the fake wine is dull, the pattern change is not obvious, and the anti-counterfeiting The lines are sometimes printed.
2. Put a drop of wine in the palm of your hand and rub it with both hands. After the wine is heated, if it emits a refreshing aroma, it is a good wine; if it smells sweet, it is an average wine; if it smells stinky, it is a poor quality wine. liquor.
3. After opening the wine, pour some out, and then add a few drops of tea. You can observe the color change. If the color changes to the color of strong tea, it means it is true. If the color changes, it means it is true. If it is dark in color, it is fake wine.
4. Take a drop of cooking oil and drop it into the wine. If it spreads regularly and sinks evenly, it is a high-quality wine. If it spreads irregularly and sinks not obviously, it is a low-quality wine.
Legal basis
Article 140 of the "Criminal Law of the People's Republic of China"
Producers and sellers adulterate, Whoever adulterates, passes off a fake product as a genuine product, passes off a substandard product as a good product, or passes 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 solely be fined with a fine of 100 yuan for the sales amount. A fine of not less than 50% but not more than twice the amount; 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 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 15 years' fixed-term imprisonment. Or life imprisonment, and a fine of not less than 50% but not more than twice the sales amount, or confiscation of property.
Legal basis
Article 140 of the "Criminal Law of the People's Republic of China"
Producers and sellers adulterate, Whoever adulterates, passes off a fake product as a genuine product, passes off a substandard product as a good product, or passes 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 solely be fined with a fine of 100 yuan for the sales amount. A fine of not less than 50% but not more than twice the amount; 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 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 15 years' fixed-term imprisonment. Or life imprisonment, and a fine of not less than 50% but not more than twice the sales amount, or confiscation of property.