How to punish selling fake cigarettes and fake wine?

Producers and sellers who adulterate their products with fake products, pass fake products off as genuine products, and pass unqualified products off 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, and shall also, or shall only, be fined not less than 50% but not more than 200,000 yuan.

First, how to punish the sale of counterfeit goods?

1. If the sale of fake and shoddy products infringes on consumers' rights and interests, they may apply for compensation according to the Law on the Protection of Consumers' Rights and Interests. If it is food, you can ask for ten times the purchase price.

2, the sale of fake and shoddy products, the industrial and commercial departments can impose administrative penalties on them, and destroy the products.

3. If the sales amount of fake and shoddy products is relatively large, criminal responsibility can be investigated for the crime of producing and selling fake and shoddy goods.

Two, the sale of counterfeit goods is illegal, if the circumstances are serious and the amount is large, it will bear criminal responsibility.

1. Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

2. Whoever knowingly sells goods with counterfeit registered trademarks, with a sales amount of more than 50,000 yuan, is a "relatively large amount" as stipulated. For the crime of selling goods with counterfeit registered trademarks, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined.

3. If the sales amount is more than 250,000 yuan, it is a "huge amount" as stipulated. For the crime of selling goods with counterfeit registered trademarks, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.

Third, those who sell fake cigarettes and wine will be warned or confiscated according to the circumstances, and a fine of more than one time but less than five times the illegal income will be imposed. If there is no illegal income, a fine of less than 10,000 yuan will be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license:

1, the goods produced and sold do not meet the requirements for ensuring personal and property safety;

2, doping, adulteration in the goods, fake genuine, shoddy, or substandard goods as qualified goods;

3, the production of goods explicitly eliminated by the state or the sale of invalid or deteriorated goods.

legal ground

Criminal law of the people's Republic of China

Article 18 1

Producers and sellers who adulterate their products, pass fake products off as genuine products, and pass unqualified products off as qualified products, 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 shall only, be fined not less than 50% but not more than two times the sales amount; 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 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 more than seven years, and shall also be fined more than 50% but less 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.