First, what is the crime of producing and selling counterfeit and shoddy products? Production, sale of counterfeit and shoddy products crime, refers to the seller in the product adulteration, adulteration, fake for real, substandard or substandard products as qualified products, the sales amount of 50,000 yuan or more behavior. 1, the object aspect of the violation of the object is the state's management system of ordinary product quality. Ordinary products refer to products other than drugs, food, medical equipment, electrical appliances related to personal and property safety, pesticides, veterinary drugs, fertilizers, seeds, cosmetics and other products, as otherwise provided for in the criminal law.2. Objective AspectsObjective aspects are manifested in the violation of the state's product quality management laws and regulations by the producer or seller, and the production or sale of counterfeit or shoddy products. On the definition of shoddy products, there are provisions in the product quality laws and regulations. The behavioral manifestations of the crime of producing and selling counterfeit and shoddy products in the objective aspect can be specifically divided into the following four kinds of behaviors: (1) adulteration, adulteration. This refers to the perpetrator's adulteration of miscellaneous or fake articles in the process of production and sale of products. (2) Counterfeiting as genuine. This refers to the perpetrator of counterfeiting products to pretend to be real products, manifested in the forgery or fraudulent use of product quality certification and its certification mark for the production or sale of such products. (3) to the second best. This refers to inferior, poor products to pass off as genuine, high-quality product behavior. (4) Passing off unqualified products as qualified products. According to the spirit of the law, the above four kinds of behavior is a choice of behavior, that is, the perpetrator has one of the above four kinds of behavior constitutes the crime of production, sale of shoddy products. The production and sale of counterfeit and shoddy products amounted to more than 50,000 yuan of the circumstances constitute the production and sale of counterfeit and shoddy products in the objective requirements of the crime. 3, the main elements of the production and sale of counterfeit and shoddy products subject to the crime of the individual and the unit, manifested in the products of the producer and the seller of the two categories of people. The producer is the manufacturer of the product (including the processor of the product), and the seller is the seller of the product in batch or piecemeal sales (including the direct seller of the product). As to whether the producer, seller has a legal production license or business license does not affect the establishment of this crime. 4, the subjective aspect of the subjective aspect of the performance of intent, generally with the purpose of illegal profit. The perpetrator's willfulness is manifested in the production of shoddy products in the field of intentional manufacturing. In the field of sales in two cases: one is in the sale of products intentionally adulterated, adulterated; the second is to know is a shoddy product and sell. Second, how to punish the crime of selling counterfeit and shoddy products? Article 140 of China's Criminal Law stipulates that if a person commits the crime of producing or selling counterfeit or shoddy products, and the sales amount is more than RMB 50,000 yuan but less than RMB 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than 2 years or criminal detention, and shall also be sentenced to or be singly sentenced to a fine of not less than 50% but not more than twice the sales amount; if the sales amount is more than RMB 200,000 yuan but not more than RMB 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years, and shall also be sentenced to a fine of not less than 50% but not more than twice the sales amount; if the sales If the sales amount is more than RMB 500,000 yuan but less than RMB 2 million yuan, it shall be sentenced to fixed-term imprisonment of more than 7 years and a fine of more than 50% of the sales amount but not twice as much; if the sales amount is more than RMB 2 million yuan, it shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment and a fine of more than 50% of the sales amount but not twice as much as much, or confiscation of property. The above is the answer to the question of what is the crime of selling counterfeit and shoddy products and how to punish the crime of selling counterfeit and shoddy products. As you can see, the penalty for the crime of selling counterfeit and shoddy products under the criminal law is determined according to the amount of the crime. The larger the amount involved, the harsher the penalty will be. Therefore, it is recommended that the parties as well as their relatives hire lawyers for defense as early as possible, especially in the investigation stage, so as to better protect the rights and interests of the suspects. Extended reading: what is the sale of counterfeit registered trademarks of goods sales of counterfeit registered trademarks of goods cases sales of counterfeit registered trademarks of goods related recommended lawyers
Sales of counterfeit and shoddy food industry and commerce department should be how to punish
An food safety law out of the penalty, very heavy
The new "Food Safety Law" on how to penalize the counterfeiting of food!
The new "Food Safety Law" on adulterated food has a relevant description (content as follows), in Article 124 of the regulations, there is a clear requirement to confiscate the illegal income and illegal production and operation of food, food additives, and can be confiscated for the illegal production and operation of tools, equipment, raw materials and other items; illegal production and operation of food, food additives less than 10,000 yuan of the value of the goods, and impose a penalty of More than 50,000 yuan more than 100,000 yuan fine; the value of more than 10,000 yuan, and impose a fine of more than ten times the value of more than 20 times the amount of fine; the circumstances are serious, revoke the license. Also need to refer to the "Product Quality Law" of the relevant penalty system. I hope the answer to the owner has helped!
Counterfeit products How to punish
Production and sale of counterfeit and shoddy products punishment:
Article 140 of the Criminal Law Producers, sellers in the product adulteration, adulteration, fake for the real, substandard or unqualified products as qualified products, the sales amount of more than 50,000 yuan less than two hundred thousand dollars, shall be sentenced to less than two years of fixed-term imprisonment or criminal detention, and impose or single penalty If the sales amount is 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 sentenced to a fine of not less than 50% but not more than twice the sales amount; if the sales amount is more than 500,000 yuan but not less than 2,000,000 yuan, shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be sentenced to a fine of not less than 50% but not more than twice the sales amount; if the sales amount is more than 2,000,000 yuan, shall be sentenced to 15 years' imprisonment or life imprisonment. shall be sentenced to fifteen years of imprisonment or life imprisonment, and impose a fine of more than fifty percent of the sales amount or confiscate property.
Article 141 Where the production or sale of counterfeit medicines is sufficient to seriously jeopardize human health, a person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be liable to a fine of not less than fifty percent of the sales amount and not more than two times the amount of the fine; where a serious harm to human health is caused, a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be liable to a fine of not less than fifty percent of the sales amount and not more than two times the amount of the fine; where a person causes a person to die, or causes a particularly serious harm to human health, a person shall be sentenced to a fine of not less than five years but not less than two years. Cause death or cause particularly serious harm to human health, shall be sentenced to more than ten years of imprisonment, life imprisonment or death penalty, and impose a fine of more than fifty percent of the amount of sales of more than two times the amount of confiscation or confiscation of property.
Counterfeit medicines referred to in this article means medicines and non-medicines that are counterfeit and treated as such in accordance with the provisions of the Drug Administration Law of the People's Republic of China*** and the People's Republic of China.
Article 142 Where the production or sale of substandard medicines causes serious harm to human health, a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a fine of not less than fifty percent but not more than two times the amount of the sale; where the consequences are particularly serious, a person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and a fine of not less than fifty percent but not more than two times the amount of the sale, or the confiscation of property.
The inferior drugs referred to in this article are those that are inferior drugs in accordance with the provisions of the Drug Administration Law of the People's Republic of China*** and the State.
Article 143 The production and sale of food that does not meet hygiene standards, enough to cause serious food poisoning or other serious food-borne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine of not less than fifty percent of the amount of the sale or not less than two times the amount of the sale alone; if it poses a serious danger to human health, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine of not less than fifty percent of the amount of the sale, and a fine of not less than two times the amount of the sale. Fifty percent or more than two times the amount of fine; the consequences are particularly serious, shall be sentenced to more than seven years of fixed-term imprisonment or life imprisonment, and shall be sentenced to sales of more than fifty percent of the amount of fifty times the amount of fine or confiscation of property.
Article 144: Anyone who adulterates toxic or harmful non-food raw materials in the production or sale of food or sells food that is known to be adulterated with toxic or harmful non-food raw materials shall be sentenced to not more than five years' fixed-term imprisonment or criminal detention, and shall also be sentenced to not less than fifty percent of the amount of the sale and not more than two times the amount of the fine; and anyone who causes a serious food poisoning or other serious food-borne illness that poses a serious hazard to human health shall be sentenced to not less than five years' fixed-term imprisonment or criminal detention. Serious harm to human health, shall be sentenced to five to ten years of fixed-term imprisonment, and shall be sentenced to sales of more than fifty percent of the amount of more than two times the amount of the fine; cause death or cause particularly serious harm to human health, in accordance with the provisions of Article 141 of this Law shall be punished.
Article 145 The production of medical devices or medical sanitary materials that do not meet national or industrial standards for the protection of human health, or the sale of medical devices or medical sanitary materials that are known to be not in compliance with national or industrial standards for the protection of human health and that are sufficient to cause serious harm to human health, shall be sentenced to fixed-term imprisonment of not more than three years or detention, and shall be sentenced to a fine of not less than 50% of the amount of the sales, or not less than twice the amount of the sales; and the punishment shall be in accordance with the provisions of Article 141 of this Law. Fines; cause serious harm to human health, shall be sentenced to imprisonment for not less than three years and not more than ten years, and impose a fine of not less than fifty percent of the sales amount and not more than two times the amount; the consequences are particularly serious, shall be sentenced to more than ten years of imprisonment or life imprisonment, and impose a fine of not less than fifty percent of the sales amount and not more than two times the amount or confiscation of property.
Article 146 Anyone who produces electrical appliances, pressure vessels, flammable and explosive products or other products that do not conform to the national or industrial standards for safeguarding the safety of persons and property, or sells products knowing that they do not conform to the national or industrial standards for safeguarding the safety of persons and property, resulting in serious consequences, shall be sentenced to five years' imprisonment or to a fine of not more than twenty times the amount of the sale or confiscation of property. The following fixed-term imprisonment, and impose a fine of more than fifty percent of the sales amount of more than two times; the consequences are particularly serious, shall be sentenced to more than five years of fixed-term imprisonment, and impose a fine of more than fifty percent of the sales amount of more than two times.
Article 147 The production of fake pesticides, fake veterinary drugs, fake fertilizers, the sale of pesticides that are known to be fake or have lost their effectiveness in use, ...... >>
Sales of counterfeit food how to punish
Jail, fine and a lot, now the country is severely regulate food safety, not to lie to you, I'm a food safety related professional students, on these things or know. You want to eat counterfeit food ah, your parents, wife and children want to eat counterfeit food ah. Other people are people too.
The new Food Safety Law on the sale of "counterfeit or expired food" how to punish
The new Food Safety Law increases the penalty for the sale of expired counterfeit products, there is the original ten times the penalty to ten to twenty times the penalty.
Article 124 Violation of the provisions of this Law, one of the following circumstances, does not constitute a crime, by the people above the county level *** Food and Drug Administration confiscate the illegal income and illegal production and operation of food, food additives, and can be confiscated for illegal production and operation of tools, equipment, raw materials and other items; illegal production and operation of food, food additives less than 10,000 yuan in value, and impose a fine of more than 50,000 yuan. The value of less than 10,000 yuan, and impose a fine of 50,000 yuan or more than 100,000 yuan; value of more than 10,000 yuan, and impose a fine of 10 times the value of the amount of more than 20 times the amount of the following fine; the circumstances are serious, revocation of licenses:
(a) the production and management of pathogenic microorganisms, pesticide residues, residues of veterinary drugs, biological toxins, heavy metals and other pollutants, as well as other substances hazardous to human health exceeds the content of the food safety standards *** the Food, food additives;
(B) with more than the shelf-life of food raw materials, food additives, food production, food additives, or business of the above food, food additives;
(C) the production and operation of over-scope, over *** use of food additives in food;
(D) the production and operation of rotting and deterioration, rancidity of fats and oils, moldy and worms, dirty and unclean, mixed with foreign matter, adulteration and adulteration, and the production and operation of food additives. Foreign matter, adulteration, adulteration or abnormal organoleptic properties of food, food additives;
(E) the production and operation of food, food additives labeled with false production date, shelf life or beyond the shelf life;
(F) the production and operation of health food, food formulas for special medical purposes, infant formula milk powder is not registered in accordance with the provisions of the regulations, or not in accordance with the registered product formulations, production processes and other technical requirements to organize production;
(F) production and operation of health foods, special medical use formulas, infant formula milk powder, or not registered product formulas, production processes and other technical requirements. (vii) the production of infant formula milk powder in separate packages, or the same enterprise with the same formula to produce different brands of infant formula milk powder;
(viii) the use of new food raw materials for the production of food, or the production of new varieties of food additives, did not pass the safety assessment;
(ix) food production and operation of food and drug supervision and management department ordered the recall or recall of its products, or the production of new varieties of food additives, without passing the safety assessment;
(ix) food production and management in the food and drug supervision and management department ordered the recall or recall of its products. Supervision and management of food production and operation in the food and drug supervision and management department ordered it to recall or stop operating, but still refused to recall or stop operating.
In addition to the preceding paragraph and the provisions of Articles 123 and 125 of this Law, the production and operation of food or food additives that do not comply with the laws, regulations or food safety standards shall be punished in accordance with the preceding paragraph.
The production of new varieties of food-related products, did not pass the safety assessment, or the production of food-related products do not meet the food safety standards, by the people at or above the county level *** Quality Supervision Department in accordance with the provisions of the first paragraph shall be punished.
How to punish sellers of unqualified counterfeit brand-name food
Chapter 9 of the Food Safety Law Article 84 Violation of the provisions of this Law, unauthorized food production and management activities, or unauthorized production of food additives, by the competent authorities in accordance with their respective division of responsibilities, confiscate the illegal income, illegal production and operation of food, food additives, and used in the production and operation of illegal Tools, equipment, raw materials and other items; illegal production and operation of food, food additives less than 10,000 yuan in value, and impose a fine of 2,000 yuan or more than 50,000 yuan; the value of 10,000 yuan or more, and impose a fine of five times the value of the amount of 10 times. Article 85 violation of the provisions of this Law, one of the following circumstances, by the relevant competent departments in accordance with their respective division of responsibilities, confiscate the illegal income, illegal production and operation of food and for the illegal production and operation of tools, equipment, raw materials and other items; illegal production and operation of foodstuffs less than 10,000 yuan, and impose a fine of more than 2,000 yuan of more than 50,000 yuan; more than 10,000 yuan of the value of goods, and impose a fine of more than five times the amount of the value of goods Above ten times the amount of fine; the circumstances are serious, revoke the license: (a) the use of non-food raw materials in the production of food or food additives other than chemical substances and other substances that may endanger human health, or the use of recycled food as raw materials for the production of food; (b) the production and management of pathogenic micro-organisms, pesticide residues, residues of veterinary drugs, heavy metals, contaminating substances, and other substances that endanger human health (C) the production and operation of nutritional composition does not meet food safety standards for infants and young children and other specific groups of primary and secondary food; (D) the operation of corruption and spoilage, rancidity of fats and oils, mold and mildew, dirt and uncleanliness, mixing of foreign matter, adulteration and adulteration, or sensory traits of abnormal food; (E) the operation of the death of the sick, poisoned, or the cause of death of an unknown number of poultry, livestock, veterinary animals and aquatic animals meat, or the production and management of sick, poisoned or unknown cause of death of poultry, livestock, veterinary, aquatic animal meat products; (F) the operation of animal health supervision agencies without quarantine or quarantine failed meat, or the production and management of uninspected or unqualified meat products; (VII) the operation of more than the shelf-life of the food; (VIII) the production and management of the state for the prevention of disease and other special needs of the production and management of food products explicitly banned (Ix) the use of new food raw materials for food production or engaged in the production of new varieties of food additives, new varieties of food-related products, without safety assessment; (J) food production and operation in the competent authorities ordered to recall or stop operating food that does not meet the food safety standards, but still refuses to recall or stop operating. Article 86 violation of the provisions of this Law, one of the following circumstances, by the relevant competent departments in accordance with their respective division of responsibilities, confiscate the illegal income, illegal production and operation of food and for illegal production and operation of tools, equipment, raw materials and other items; illegal production and operation of food less than 10,000 yuan of the value of the goods and impose a fine of more than 2,000 yuan of 50,000 yuan or less; value of more than 10,000 yuan of goods and impose a fine of more than two times the amount of goods and impose a fine of more than five times; the circumstances are serious. More than five times the amount of the fine; the circumstances are serious, shall be ordered to suspend production and business, until the revocation of the license: (a) the operation of packaging materials, containers, means of transport and other contaminated food; (b) the production and operation of unlabeled prepackaged food, food additives, or labels, instructions do not comply with the provisions of this Law, food, food additives; (c) food producers to purchase, the use of food raw materials that do not meet the food safety standards, (C) food producers to purchase, use food raw materials, food additives, food-related products do not meet food safety standards; (D) food production and operation of drugs added to food. Article 87 violation of the provisions of this Law, one of the following circumstances, by the relevant competent departments in accordance with their respective division of responsibilities, ordered to make corrections, and given a warning; refusal to make corrections, shall be sentenced to a fine of not less than 2,000 yuan and not more than 20,000 yuan; the circumstances are serious, shall be ordered to suspend production and shut down the business, up to the revocation of the license: (a) failure to the procurement of food raw materials and the production of food, food additives, food-related products to carry out testing; (b) failure to establish and comply with the inspection record system, the export of food additives, food-related products; (c) failure to establish and comply with the inspection record system, the production of food additives, food-related products. (b) failure to establish and comply with the inspection record system, factory inspection record system; (c) the development of food safety corporate standards not in accordance with the provisions of this Law for the record; (d) not in accordance with the provisions of the requirements of the storage, sale of food or clean up the stock of food; (e) imported without checking the licenses and related documents; (f) production of food, food additives, labels, instructions related to the prevention of disease, therapeutic functions; (g) arrangements for people suffering from the diseases listed in Article 34 of this Law, engaged in the production of food additives. (G) arrangements for people suffering from the diseases listed in Article 34 of this Law to engage in contact with directly imported food work. Article 88 Violation of the provisions of this Law, the accident unit in the occurrence of food safety accidents are not disposed of, report ...... >>
What are the laws and regulations of the state to punish counterfeit and shoddy food?
Criminal law in the field of production and sale of shoddy products in the production, sale of toxic, harmful food crimes.
In the field of civil law, there is a tort liability law in the product tort liability provisions
In the field of economic law, there is a consumer protection law for manufacturers and sellers of ten times the penalty of punitive provisions. Thank you for adopting! Production of counterfeit and shoddy goods how to punish the crime