The crime of counterfeiting wine depends on the circumstances:

1. If counterfeiting wine imitates someone else’s registered trademark, it may constitute the crime of counterfeiting a registered trademark. The crime of counterfeiting registered trademarks refers to the serious act of violating national trademark management regulations and using the same trademark as the registered trademark on the same product without the permission of the owner of the registered trademark. Those found guilty of counterfeiting registered trademarks shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or shall be fined alone.

2. If the wine is counterfeit and the wine does not meet the quality, it may constitute the crime of producing and selling fake and inferior products. Counterfeit goods refer to those goods that contain one or more unauthentic factors that can lead to misunderstanding by the general public. Counterfeit goods can be divided into two types: counterfeit goods and inferior goods. Counterfeit goods are fake and shoddy material products, excluding spiritual products. Its characteristics are: it has unrealistic factors and social harm.

The penalties for the crime of producing and selling counterfeit and inferior products are:

1. 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 be sentenced to Or a single fine of not less than 50% but not more than twice the sales amount;

2. If the sales amount is more than 200,000 yuan but 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 A fine of not less than 50% but not more than twice the sales amount shall be imposed;

3. 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 % of the sales amount. A fine of not less than 50% but not more than twice the amount;

4. If the sales amount exceeds 2 million yuan, he shall be sentenced to 15 years in prison or life imprisonment, and shall also be fined not less than 50% but not more than twice the sales amount. Fines or confiscation of property.

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 two times of the sales amount; 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 any, the person shall be sentenced to 15 years' imprisonment or life imprisonment, and shall also be fined not less than 50% but not more than twice the amount of sales, or shall have his property confiscated.

Article 213

Anyone who uses the same trademark as his registered trademark on the same kind of goods or services without the permission of the owner of the registered trademark, if the circumstances are serious, shall be punished with three A person shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years in addition to or solely a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.