It depends on the situation involved. If the wine is real and just imitates other people's trademarks, it is suspected of selling goods with counterfeit registered trademarks. If the wine is fake and blended with alcohol and water, its behavior seriously endangers food safety and poses a threat to public health, which constitutes the crime of selling fake and inferior products. It is illegal to sell fake wine if the sales amount is less than 50 thousand yuan, and it is a criminal case if it exceeds 50 thousand yuan. The crime of producing and selling fake and inferior products refers to the behavior that producers and sellers adulterate products, pass fake products off as genuine ones, pass substandard products off as qualified products, and the sales amount reaches more than 50,000 yuan. The criminal act of the crime of producing and selling fake and inferior products is the act of producing and selling. Subjectively, it is intentional and generally has the purpose of illegal profit. The actor's intention is to deliberately manufacture fake and inferior products in the production field. There are two situations in the field of sales: first, deliberate doping and adulteration in the products sold; Second, knowing that it is a fake and shoddy product, it is still sold.
Legal basis:
Article 140 of the Criminal Law of People's Republic of China (PRC) * * * Producers and sellers who adulterate their products with fake products, pass off fake products as genuine products, and pass off unqualified products as qualified 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 two years or criminal detention. A fine of not less than 50% but not more than 200% of the sales shall be imposed concurrently or solely; Whoever sells more than 200,000 yuan but less than 500,000 yuan 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 two times 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 also be fined not less than 50% but not more than two times the sales amount.
If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.
Derivative problem:
Constitutive elements of the crime of producing and selling fake and inferior products 1, objective elements
The object of infringement is the national management system for the quality of ordinary products. 2. Objective factors
Objectively, producers and sellers produce and sell fake and inferior products in violation of national laws and regulations on product quality management. Violation of product quality management laws and regulations generally refers to violation of People's Republic of China (PRC) Product Quality Law, People's Republic of China (PRC) Standardization Law, People's Republic of China (PRC) National Metrology Law, Regulations on Industrial Product Quality Responsibility, local laws and regulations on product quality formulated by relevant provinces, autonomous regions and municipalities directly under the Central Government, and relevant industry standards and rules. 3. Main elements
The subject of crime is individuals and units, which are producers and sellers of products. 4. Subjective factors
Subjectively, it is intentional and generally has the purpose of illegal profit. The actor's intention is to deliberately manufacture fake and inferior products in the production field. There are two situations in the field of sales: first, deliberate doping and adulteration in the products sold; Second, knowing that it is a fake and shoddy product, it is still sold.